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WISCONSIN 

ITS STATE AND LOCAL GOVERNMENT 

WITH THE 

CONSTITUTION", AS AMENDED. 






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WISCONSIN 

ITS STATE AND LOCAL GOVERNMENT 

WITH THE 

CONSTITUTION, AS A:MENI)ED. 



Copyright 1896, /^"\.C?^^/G//r ^J"^ 

By Mayn'ard, 31errill, <^^o*|A|y nolOn^ 



TO TEACHERS "^--.:I^:--^ ^ ^ ^ S^ 
HELPS TO THE STUDY OF CIVIL GOVERNMENT 

This supplement is prepared as an aid to teachers in making the 
young people of Wisconsin acquainted with their State, its forms 
of government, and institutions. Necessarily, the various topics 
are treated with brevity, though, it is hoped, with sufficient 
thoroughness to suggest the way in which the whole work had 
best be taught b}^ an interested and competent teacher. 

Whatever the pupil knows of the workings of local forms of 
government should be utilized constantly. He should be encour- 
aged and directed to learn more by observation. Among the 
aids to this end, accessible to the ordinary teacher, the following 
are suggested : 

1. The newspapers ; party calls for the holding of caucuses 

and conventions ; election notices ; sample ballots ; re- 
ports of court proceedings ; reports of proceedings of town 
boards, county boards, and city councils, etc. 

2. A copy of the Blue Book. 

3. A copy of the Railroad Map of Wisconsin. 

4. A copy of the Election Laws. 

5. A copy of the School Laws. 

6. A copy of the State Census Report. 

7. Copies of the reports of the various state institutions. 

8. Reports of the state officers, especially of the Secretary of 

State and the State Treasurer. 
The Annotated Statutes, the County History, Tliwait^s' Story of 
Wisconsin, the standard U. S. Histories, and the great Cyclopae- 
dias, when they can be had, should also be used freely. 



TABLE OF CONTENTS 



CHAPTER I. 
Introductory : Fifth State formed from the old North- 
west Territory, clipped of its Rightful Territory 
ON ALL Sides. Fourteenth State in Population. Her 
Population and Resources 295 

CHAPTER 11. 
Distinguishing Characteristics of the American System 
OF Government 297 

CHAPTER in. 
The Constitution, as Amended 299 

CHAPTER lY. 
Preamble and Declaration of Rights 319 

CHAPTER Y. 
Boundaries 325 

CHAPTER YI. 
Suffrage « 326 

CHAPTER YII. 
Legislative 330 

CHAPTER YIII. 
County Government .337 

CHAPTER IX. 
Town Government. 339 

CHAPTER X. 
Executive 341 

CHAPTER XI. 
Administrative 343 

CHAPTER XII. 
Judiciary 354 

CHAPTER XIII. 
Finance 365 

CHAPTER XIY. 
Trust Funds. 367 

CHAPTER XY. 
Education 371 



WISCONSIN 

ITS GOVERNMENT AND CONSTITUTION 



Chapter I. — Intkoductory 

1. History — Wisconsin, the youngest of the five great 
States formed from the "- Territory of the United States 
northwest of the river Ohio," was admitted into the 
Union May 29, 1848. By the provisions of the famous 
Ordinance of 1787, the southern boundary of Wisconsin 
should have been, " an east and west line, drawn through 
the southern bend or extreme of Lake Michigan.'* On 
the northwest, all that valuable territory between the 
Mississippi, the St. Croix, and the boundary line be- 
tween the United States and Canada, as far west as the 
Lake of the Woods, belonged, of right, to Wisconsin. 
So, too, did the upper peninsula of Michigan on the 
northeast. If Wisconsin had had her own, Chicago, 
St. Paul, Duluth, a large part of Minneapolis, and many 
other smaller cities, Avould have been hers. 

2. Rank and Resources — The story of how Wisconsin 
was clipped of her territory is very interesting history, 
but this is not the place to tell it. Wisconsin, as she is, 
is a great State. By the census of 1895, she has very 
nearly two million inhabitants (1,937,915). She is the 
fourteenth State in tlie Union, in population. She has 
vast and varied natural resources, still, in great part, 
undeveloped ; a healthful, stimulating climate ; an ad- 

295 



296 WISCOJVSIN. 

mirable school system ; good laws, honestly and faith- 
fully administered ; and an intelligent, progressive, 
patriotic people. 

3. A Cosmopolitan State — Wisconsin is a cosmopolitan 
state. Tiie lead regions early attracted people from 
the east and from the States bordering on the Ohio. 
Kentuckians were very numerous. They have left 
their impress upon the speech and customs of the peo- 
ple of these regions, and upon the institutions of the 
State. A very large part of the native-born population 
is of New England origin — people who tarried a while 
in western New York and Ohio on their way westward. 
During the constitution-making period, this element 
was the dominant one. Of the sixty-nine members of 
the convention that framed the constitution, twenty-five 
w^ere natives of New York. And so it came to pass that 
the constitution was modeled after the constitution of 
New York, and not, as seemed probable earlier, after 
that of Kentucky. 

4. The Germans — In Milwaukee County, and all the 
other eastern counties, and in many other portions of the 
State, the Germans have settled in very large numbers. 
The history of their immigration into Wisconsin is ex- 
tremely interesting. That great movement of popula- 
tion was thoroughly organized. Settlements were made 
only after most careful and wise selection. Many of the 
settlers were people of high intelligence and culture. 
They came early, and their influence has been felt pro- 
foundly, in all the lines of the State's growth and devel- 
opment. 

5. The British and Irish — The British and Irish are 
numerous, widely diffused, and influential. Their names 
appear in the lists of governors, statesmen, jurists, mer- 



DISTINGUISHING CHARACTERISTICS 297 

chants, bankers, educators, and members of every other 
lionorable calling. 

6. Other Foreigners —In Milwaukee and a few other 
places, the Polish element is strong. Scandinavians 
are numerous and influential in the lumbering regions 
and elsewhere. The Swiss are strong and prosperous 
in Green County. There are Frenchmen, Hollanders, 
Italians and otlier foreign elements, but not in such large 
numbers as those alread}^ enumerated. 

7. Effects upon the State — As has been seen, the ele- 
ments of the population are very various. They differ 
very widely in nationality, social customs and religious 
beliefs. To this fact is due certain striking peculiarities 
in the constitution and laws, such as the strict ex- 
clusion of sectarian instruction from the public schools, 
and tlie exti'emely liberal provisions regarding the rights 
of suffrage, office-holding, and the ownership of land. 

Chapter II. — Distinguishing Characteristics of 
THE American System of Government 

1. The American System.— In beginning the study of the 
constitution of his State, the student must keep clearly 
in mind tlie chief characteristics of tlie American form 
of government. Every citizen of Wisconsin is subject 
to two governments, that of the State and that of the 
United States. Tliese two governments are organically 
interrelated. The State government presupposes the 
United States government. Tlie United States govern- 
ment presupposes the State government. Tlie student 
cannot understand tlie State government unless he un- 
derstands the United States government, nor the United 
States government unless he understands the State 



298 WISCONSIN 

government. He has many duties, rights, privileges 
and immunities. Some of these arise out of his United 
States citizenship ; others out of his State citizenship. 
The United States government and the separate State 
governments, together, form one government which may 
well be called the American system. 

2. Its Chief Characteristics— As distinguished from most 
other governments of the world the American system 
presents these characteristics : — 

a. The recognition of the people as the source of all 
power. 

b. A very strong central government, with supreme 
authority, in certain well-defined and carefully guarded 
fields. 

C. The universal application of the principle of local 
self-government. 

d. As between the central government and the separate 
State governments, the extremely large range of powers 
left to the separate States, with which the United States 
have nothing whatever to do. 

e. Written constitutions, defining and limiting the 
powers of the government, particularly the legislative 
powers. 



Chapter IIL — Constitution of the State of 
Wisconsin 

As Amended 
PREAMBLE 

We, the people of Wisconsin, grateful to Almighty Grod for our freedom, 
in order to secure its blessings, form a more perfect government, 
insure domestic tranquillity, and promote the general welfare, do 
establish this Constitution. 

ARTICLE I 

DECLARATION OF RIGHTS 

Section 1. All men are born equally free and independent, and have 
certain inherent rights ; among these are life, liberty, and the pursuit 
of happiness. To secure these rights governments are instituted 
among men, deriving their just powers from the consent of the gov- 
erned. 

Section 2. There shall be neither slavery nor involuntary servitude 
in this State otherwise than for the punishment for crime, whereof the 
party shall have been duly convicted. 

Section 3. Every person may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right, and no laws shall be passed to restrain or abridge the liberty of 
speech or of the press. In all criminal prosecutions or indictments for 
libel, the truth may be given in evidence ; and if it shall appear to the 
jury that the matter charged as libelous be true, and was published 
with good motives and for justifiable ends, the party shall be acquitted ; 
and the jury shall have the right to determine the law and the facts. 

Section 4. The right of the people peaceably to assemble to consult 
for the common good, and to petition the government or any depart- 
ment thereof shall never be abridged. 

Section 5. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law, without regard to the amount in con- 
troversy ; but a jury trial may be waived by the parties in all cases in 
the manner prescribed by law. 

Section 6. Excessive bail shall not be required, nor shall excessive 
fines be imposed, nor cruel and unusual punishment be infiicted. 

Section 7. In all criminal prosecutions the accused shall enjoy the 
right to be heard by himself and counsel ; to demand the nature and 
cause of the accusation against him ; to meet the witnesses face to face; 
to have compulsory process to compel the attendance of witnesses in 
his behalf ; and in prosecutions by indictment or information, to a 
speedy public trial by an impartial jury of the county or district where- 

299 



300 WISCONSIN- 



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in the offense shall have been committed ; which county or district 
shall have been previously ascertained by law. 

Section 8. (As amended Nov. 8, 1870.) No person shall be held to 
answer for a criminal offense without due process of law, and no 
person for the same offense shall be put twice in jeopardy of punish- 
ment, nor shall be compelled in any criminal case to be a witness 
against himself. All persons shall before conviction be bailable by 
sufficient sureties, except for capital offenses, when the- proof is evi- 
dent or the presumption great ; and the privilege of the writ of habeas 
corpus shall not be suspended, unless when in cases of rebellion or inva- 
sion the public safety may require it. 

Section 9. Every person is entitled to a certain remedy in the laws, 
for all injuries or wrongs he may receive in his person, property, or 
character ; he ought to obtain justice freely, and without being obliged 
to purchase it, completely and without denial, promptly and without 
delay, conformably to the laws. 

Section 10. Treason against the State shall consist only in levying 
war against the same, or in adhering to its enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

Section 11. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrant shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

Section 12. No bill of attainder, ex post facto law, nor any law im- 
pairing the obligation of contracts, shall ever be passed ; and no con- 
viction shall work corruption of blood or forfeiture of estate. 

Section 13. The property of no person shall be taken for public use 
without just compensation therefor. 

Section 14. All lands within the State are declared to be allodial, and 
feudal tenures are prohibited. Leases and grants of agricultural land, 
for a longer term than fifteen years, in which rent or service of any kind 
shall be reserved, and all fines and like restraints upon alienation, re- 
served in any grant of land hereafter made, are declared to be void. 

Section 15. No distinction shall ever be made by law between resi- 
dent aliens and citizens, in reference to the possession, enjoyment, or 
descent of property. 

Section 16. No person shall be imprisoned for debt arising out of, or 
founded on a contract ^ expressed or implied. 

Section 17. The privilege of the debtor to enjoy the necessary com- 
forts of life shall be recognized by wholesome laws, exempting a reason- 
able amount of property from seizure or sale for the payment of any 
debt or liability hereafter contracted. 

Section 18. The right of every man to worship Almighty God accord- 
ing to the dictates of his own conscience shall never be infringed, nor 
shall any man be compelled to attend, erect, or support any place of 
worship, or to maintain any ministry, against his consent. Nor shall 
any control of or interference with the rights of conscience be permitted, 
or any preference be given by law to any religious establishments or 



CONSTITUTION 301 

mode of worship Nor shall any money be drawn from the treasury for 
the benefit of religious societies, or religious or theological seminaries. 

Section 19. No religious tests shall ever be required as a qualifica- 
tion for any office of public trust, under the State, and no person shall 
be rendered incompetent to give evidence in any court of law or equity, 
in consequence of his opinions on the subject of religion. 

Section 20. The military shall be in strict subordination to the civil 
power. 

Section 21. Writs of error shall never be prohibited by law. 

Section 22. The blessings of a free government can only be main- 
tained by a firm adherence to justice, moderation, temperance, frugality 
and virtue, and by frequent recurrence to fundamental principles. 

ARTICLE II 
boundaries 

Section 1 . It is hereby ordained and declared that the State of Wis- 
consin doth consent and accept of the boundaries prescribed in the act 
of Congress entitled "an act to enable the people of Wisconsin Terri- 
tory to form a Constitution and State Government, and for the admission 
of such State into the Union ; " approved August sixth, one thousand 
eight hundred and forty-six, to wit : beginning at the northeast corner 
of the State of Illinois, that is to say, at a point in the center of Lake 
Michigan where the line of forty-two degrees and thirty minutes of 
north latitude crosses the same ; thence, running with the boundary of 
the State of Michigan, through Lake Michigan, Green Bay, to the mouth 
of the Menomonee river ; thence up the channel of the said river to the 
Brule river ; thence up said last mentioned river to Lake Brule ; thence 
along the southern shore of Lake Brule, in a direct line to the center of 
the channel between Middle and South Islands, in the Lake of the Desert; 
thence in a direct line to the head waters of the Montreal river, as 
marked upon the survey made by Captain Cram ; thence down the main 
channel of the Montreal river to the middle of Lake Superior ; thence 
through the center of lake Superior to the mouth of the St. Louis river ; 
thence up the main channel of said river to the first rapids in the same, 
above the Indian village, according to Nicollet's map ; thence due south 
to the main branch of the river St. Croix ; thence down the main chan- 
nel of said river to the Mississippi ; thence down the center of the main 
channel of that river to the northwest corner of the State of Illinois ; 
thence due east with the northern boundary of the State of Illinois, to 
the place of beginning. * * * * 

Section 2. The propositions contained in the act of Congress are here- 
by accepted, ratifievl and confirmed, and shall remain irrevocable with- 
out the consent of the United States ; and it is hereby ordained that 
this State shall never interfere with the primary disposition of the soil 
within the same, by the United States, nor with any regulations Con- 
gress may find necessary for securing the title in such soil to bona fide 
purchasers thereof ; and no tax shall be imposed on land the property 
of the United States ; and in no case shall non-resident proprietors be 
taxed higher than residents. Provided, That nothing in this Constitu- 
tion, or in the act of Congress aforesaid, shall in any manner prejudice 



302 WISCONSIN 

or affect the right of the State of Wisconsin to five hundred thousand 
acres of land granted to said State, and to be hereafter selected and 
located, by and under the act of Congress, entitled " an act to appro- 
priate the proceeds of sales of the public lands, and grant pre-emption 
rights," approved September fourth, one thousand eight hundred and 
forty-one. 

ARTICLE III 



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27 

28 
29 
30 
31 



Section 1. (As amended Nov. 7, 1882). Every male person of the age 
of twenty-one years or upwards belonging to either of the following 
classes who shall have resided within the State for one year next pre- 
ceding any election, and in the election district where he offers to vote, 
such time as may be prescribed by the Legislature, not exceeding thirty 
days, shall be deemed a qualified elector at such election. 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their intention to 
become citizens conformably to the laws of the United States on the 
subject of naturalization. 

3. Persons of Indian blood who have once been declared by law of con 
gress to be citizens of the United States, any subsequent law of con- 
gress to the contrary notwithstanding. 

4. Civilized persons of Indian descent not members of any tribe ; pro- 
vided, that the legislature may at any time extend by law the right of 
suffrage to persons not herein enumerated ; but no such law shall be in 
force until the same shall have been submitted to a vote of the people 
at a general election and approved by a majority of all the votes cast 
at such election ; and provided further, that in incorporated cities and 
villages, the legislature may provide for the registration of electors and 
prescribe proper rules and regulations therefor. 

Section 2. No person under guardianship, non compos mentis, or in- 
sane, shall be qualified to vote at any election ; nor shall any person 
convicted of treason or felony be qualified to vote at any election unless 
restored to civil rights. 

Section 3. All votes shall be given by ballot, except for such town- 
ship officers as may by law be directed or allowed to be otherwise 
chosen. 

Section 4. No person shall be deemed to have lost his residence in 
this State by reason of his absence on business of the United States, 
or of this State. 

Section 5. No soldier, seaman, or marine, in the army or navy of the 
United States shall be deemed a resident of this State in consequence 
of being stationed within the same. 

Section 6. Laws may be passed excluding from the right of suffrage 
all persons who have been or may be convicted of bribery or larceny, 
or of any infamous crime, and depriving every person who shall make, 
or become directly or indirectly interested in, any bet or wager depend- 
ing upon the result of any election, from the right to vote at such 
election. 



CONSTITUTION 303 



ARTICLE IV 

LEGISLATIVE 

32 j Section 1. The legislative power shall be vested in a Senate and 
I Assembly. 

33 i Section 2. The number of the members of the Assembly shall never 

be less than fifty-four, nor more than one hundred. The Senate shall 
consist of a number not more than one-third, nor less than one-fourth, 
of the number of the members of the Assembly. 

34: Section 3. The Legislature shall provide by law for an enumeration 
of the inhabitants of the State, in the year one thousand eight hundred 
and fifty-five, and at the end of every ten years thereafter ; and at 
their first session after such enumeration, and also after each enumer- 
ation made by the authority of the United States, the Legislature shall 
apportion and district anew the members of the Senate and Assembly, 
according to the number of inhabitants, excluding Indians not taxed, 
and soldiers and officers of the United States army and navy. 

35 Section 4. (As amended Nov. 8, 1881.) The members of the Assem- 
bly shall be chosen biennially, by single districts on the Tuesday succeed- 
ing the first Monday of November after the adoption of this amend- 
ment, by the qualified electors of the several districts ; such districts 
to be bounded by county, precinct, town or ward lines, to consist of 
contiguous territory, and be in as compact form as practicable. 

3g Section 5. (As amended Nov. 8, 1881.) The senators shall be elected 
by single districts of convenient contiguous territory, at the same time, 
and in the same manner as members of the assembly are required to be 
chosen, and no assembly district shall be divided in the formation of a 
senate district. The senate districts shall be numbered in the regular 
series, and the senators shall be chosen alternately from the odd and 
even numbered districts. The senators elected, or holding over at the 
time of the adoption of this amendment, shall continue in office till 
their successors are duly elected and qualified ; and after the adoption 
of this amendment, all senators shall be chosen for the term of four 
years. 

37 Section 6. No person shall be eligible to the Legislature who shall 
not have resided one year within the State, and be a qualified elector 
in the district which he may be chosen to represent. 

3§ Section 7. Each House shall be the judge of the elections, returns, 
and qualifications of its o\\ti members, and a majority of each shall 
constitute a quorum to do business ; but a smaller number may adjourn 
from day to day and may compel the attendance of absent members, 
in such manner and under such penalties as each House may provide. 

3Q Section 8. Each House may determine the rules of its own proceed- 
ings, punish for contempt and disorderly behavior, and with the con- 
currence of two-thirds of all the members elected, expel a member ; 
but no member shall be expelled a second time for the same cause. 

40 Section 9. Each Hou.se shall choose its own officers, and the Senate 
j shall choose a temporary President, when the Lieutenant Governor 
I shall not attend as President, or shall act as Governor. 



804 WISCONSIN 

^1 Section 10. Each House shall keep a journal of its proceedings, and 
publish the same, except such parts as require secrecy. The doors of 
each House shall be kept open except when the public welfare shall 
require secrecy. Neither House shall, without the consent of the 
other, adjourn for more than three days. 

Section 11. (As amended Nov. 8, 1881.) The legislature shall meet 
at the seat of government at such times as shall be provided by law, 
once in two years and no oftener, unless convened by the governor in 
special session, and when so convened no business shall be transacted 
except as shall be necessary to accomplish the special purposes for 
which it was convened. 

Section 12. No member of the Legislature shall, during the term for 
which he was elected, be appointed or elected to any civil office in the 
State which shall have been created, or the emoluments of which shall 
have been increased, during the term for which he was elected. 

Section 13. No person being a member of Congress, or holding any 
military or civil office under the United States, shall be eligible to a 
seat in the Legislature ; and if any person shall, after his election as a 
member of the Legislature, be elected to Congress, or be appointed to 
any office, civil or military, under the Government of the United States, 
his acceptance thereof shall vacate his seat. 

Section 14. The Governor shall issue writs of election to fill such 
vacancies as may occur in either House of the Legislature. 

Section 15. Members of the Legislature shall, in all cases except 
treason, felony, and breach of the peace, be privileged from arrest ; nor 
shall they be subject to any civil process, during the session of the 
Legislature, nor for fifteen days next before the commencement and 
after the termination of each session. 

Section 16. No member of the Legislature shall be liable in any 
civil action or criminal prosecution whatever, for words spoken in 
debate. 

Section 17. The style of the laws of the State shall be, '' The people 
of the State of Wisconsin, represented in Senate and Assembly, do 
enact as follows," and no law shall be enacted except by bill. 

Section 18. No private or local bill, which may be passed by the 
Legislature, shall embrace more than one subject, and that shall be 
expressed in the title. 

Section 19. Any bill may originate in either House of the Legislature ; 
and a bill passed by one House may be amended by the other. 

Section 20. The yeas and nays of the members of either House, on 
any question, shall, at the request of one-sixth of those present, b3 
entered on the journal. 

Section 21. (As amended Nov. 8, 1881.) Each member of the Legis- 
lature shall receive for his services, for and during a regular session, 
the sum of five hundred dollars, and ten cents for every mile he shall 
travel in going to and returning from the place of meeting of the Legis- 
lature on the most usual route In case of an extra session of the 
Legislature, no additional compensation shall be allowed to any member 
thereof, either directly or indirectly, except for mileage, to be com- 
puted at the same rate as for a regular session. No stationery, news- 
papers, postage or other perquisite, except the salary and mileage 



42 

43 
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45 
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47 

48 

4!) 

60 
51 

52 



CONSTITUTION 305 

above provided, shall be received from the state by any member of the 
Legislature for his services, or in any other manner as such member. 

Section 22. The Legislature may confer upon the Board of Super- 
visors of the several counties of the State, such powers, of a local, leg- 
islative, and administrative character, as they shall from time to time 
prescribe. 

Section 23. The Legislature shall establish but one system of town 
and county government, which shall be as nearly uniform as prac- 
ticable. 

Section 24. The Legislature shall never authorize any lottery, or 
grant any divorce. 

Section 25. The Legislature shall provide by law that all stationery 
required for the use of the State, and all printing authorized and re- 
quired by them to be done for their use, or for the State, shall be let 
by contract to the lowest bidder ; but the Legislature may establish a 
maximum price. No member of the Legislature, or other State officer, 
shall be interested, either directly or indirectly, in any such contract. 

Section 26, The Legislature shall never grant any extra compensa- 
tion to any public officer, agent, servant, or contractor, after the serv- 
ice shall have been rendered or the contract entered into. Nor shall 
the compensation of any public officer be increased or diminished 
during his term of office. 

Section 27. The Legislature shall direct by law in what manner and 
in what court suit may be brought against the State. 

Section 28. Members of the Legislature, and all officers, executive 
and judicial, except such inferior officers as may be by law exempted, 
shall, before they enter upon the duties of their respective offices, take 
and subscribe an oath or affirmation to support the Constitution of the 
United States, and the Constitution of tha State of Wisconsin, and faith- 
fully to discharge the duties of their respective offices to the best of 
their ability. 

Section 29. The Legislature shall determine what persons shall con- 
stitute the militia of the State, and may provide for organizing and 
disciplining the same, in such manner as shall be prescribed by law. 

Section 30. In all elections to be made by the Legislature, the mem- 
bers thereof shall vote viva voce, and their votes shall be entered on the 
journal. 

Section 31. (Added Nov. 7, 1871, the word city inserted in 9th sub- 
division, Nov. 8, 1892.) The Legislature is prohibited from enacting any 
special or private laws in the following cases : 1st. For changing the 
name of persons or constituting one person the heir-at-law of another. 
2d. For laying out, opening or altering highways, except in cases of 
State roads extending into more than one county, and military roads to 
aid in the construction of which lands may be granted by Congress. 
3d. For authorizing persons to keep ferries across streams, at points 
wholly within this State. 4th. For authorizing the sale or mortgage of 
real or personal property of minors or others under disability. 5th. For 
locating or changing any county seat. 0th. For assessment or collec- 
tion of taxes or for extending the time for collection thereof. 7th. For 
granting corporate powers or privileges, except to cities. 8th. For 
authorizing the apportionment of any part of the school fund. 9th. For 

20 



306 WISCONSIN 



63 



64 
65 
66 



67 



68 
69 



incorporating any city, town or village, or to amend the charter 
thereof. 

Section 32. (Added Nov. 7, 1871.) The Legislature shall provide 
general laws for the transaction of any business that may be prohibited 
by section thirty-one of this article, and all such laws shall be uniform 
in their operations throughout the State. 

ARTICLE V 

EXECUTIVE 

Section 1 . The executive power shall be vested in a Governor who 
shall hold his office for two years. A Lieutenant Governor shall be 
elected at the same time, and for the same term. 

Section 2. No person, except a citizen of the United States, and a 
qualified elector of the State shall be eligible to the office of Governor 
or Lieutenant Governor. 

Section 3. The Governor and Lieutenant Governor shall be elected 
by the qualified electors of the State at the times and places of choosing 
members of the Legislature. The persons respectively having the 
highest number of votes for Governor and Lieutenant Governor shall 
be elected. But in case two or more shall have an equal and the highest 
number of votes for Governor or Lieutenant Governor, the two Houses 
of the Legislature, at its next annual session, shall forthwith, by joint 
ballot, choose one of the persons so having an equal and the highest 
number of votes for Governor or Lieutenant Governor. The returns of 
election for Governor and Lieutenant Governor shall be made in such 
manner as shall be provided by law. 

Section 4. The Governor shall be Commander-in-Chief of the military 
and naval forces of the State. He shall have the power to convene the 
Legislature on extraordinary occasions ; and in case of invasion, or 
danger from the prevalence of contagious disease at the seat of the Gov- 
ernment, he may convene them at any other suitable place within the 
State. He shall communicate to the Legislature, at every session, the 
condition of the State, and recommend such matter to them for their 
consideration, as he may deem expedient. He shall transact all neces- 
sary business with the officers of the Government, civil and military. 
He shall expedite all such measures, as may be resolved upon by the 
Legislature, and shall take care that the laws be faithfully executed. 

Section 5. (As amended Nov. 2, 1869.) The Governor shall receive 
during his continuance in office, an annual compensation of five thou- 
sand dollars, which shall be in full for all traveling or other expenses 
incident to his duties. 

Section 6. The Governor shall have power to grant reprieves, com- 
mutations, and pardons, after conviction, for all offenses except treason 
and cases of impeachment, upon such conditions and with such restric- 
tions and limitations as he may think proper, subject to such regula- 
tions as may be provided by law relative to the manner of applying for 
pardons. Upon conviction for treason, he shall have the power to sus- 
pend the execution of the sentence until the case shall be reported to 
the Legislature, at its next meeting, when the Legislature shall either 
pardon, or commute the sentence, direct the execution of the sentence 



CONSTITUTION 307 

or grant a further reprieve. He shall annually communicate to the 
Legislature each case of reprieve, commutation or pardon granted, 
stating the name of the convict, the crime of which he was convicted, 
the sentence anj^ its date, and the date of the commutation, pardon, or 
reprieve, with his reasons for granting the same. 

Section 7. In case of the impeachment of the Governor, or his re- 
moval from office, death, inability from mental or physical disease, resig- 
nation, or absence from the State, the powers and duties of the office 
shall devolve upon the Lieutenant Governor, for the residue of the term, 
or until the Governor, absent or impeached, shall have returned, or the 
disability shall cease. But when the Governor shall, with the consent 
of the Legislature, be out of the State in time of war, at the head of the 
military force thereof, he shall continue Commander-in-Chief of the 
military force of the State. 

Section 8. The Lieutenant Governor shall be President of the Senate, 
but shall have only a casting vote therein. If, during a vacancy in the 
office of Governor, the Lieutenant Governor shall be impeached, dis- 
placed, resign, die, or from mental or physical disease become incapable 
of performing the duties of his office, or be absent from the State, the 
Secretary of State shall act as Governor until the vacancy shall be filled, 
or the disability shall cease. 

Section 9. (As amended Nov. 2, 1869.) The Lieutenant Governor 
shall receive during his continuance in office, an annual compensation 
of one thousand dollars. 

Section 10. Every bill which shall have passed the Legislature shall, 
before it becomes a law, be presented to the governor. If he approve, 
he shall sign it ; but if not, he shall return it, with his objections, to 
that House in which it shall have originated, who shall enter the objec- 
tions at large upon the journal and proceed to reconsider it. If, after 
such reconsideration, two-thirds of the members present shall agree to 
pass the bill, it shall be sent, together with the objections to the other 
House, by which it shall likewise be reconsidered, and if approved by 
two-thirds of the members present, it shall become a law. But in all 
such cases, the votes of both Houses shall be determined by yeas and 
nays, au J the names of the members voting for or against the bill shall 
be entered on the journal of each House respectively. If any bill shall 
not be returned by the Governor within three days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law, un- 
less the Legislature shall, by their adjournment, prevent its return ; in 
which case it shall not be a law. 

ARTICLE VI 
administrative 

Section 1 . There shall be chosen by the qualified electors of the State, 
at the times and places of choosing the members of the Legislature, a 
Secretary of State, Treasurer, and Attorney-General, who shall severally 
hold their offices for the term of two years. 

Section 2. The Secretary of State shall keep a fair record of the 
official acts of the Legislature and Executive Department of the State, 
and shall, when required, lay the same and all matters relative thereto 



808 WISCONSIN 

before either branch of the Legislature. He shall be ex officio auditor, 
and shall perform such other duties as shall be assigned him by law. 
He shall receive as a compensation for his services, yearly, such sum 
as shall be provided by law, and shall keep his office at the seat of 
government. 

76 Section 3. The powers, duties and compensation of the Treasurer 
and Attorney-General shall be prescribed by law. 

77 SEcrioN 4. (As amended Nov. 7, 1882). Sheriffs, coroners, registers 
of deeds, district attorneys, and all other county officers, except judicial 
officers, shall be chosen by the electors of the respective counties, once 
in every two years. Sheriffs shall hold no other office, and be ineligible 
for two years next succeeding the termination of their offices ; they 
may be required by law to renew their security from time to time, and 
in default of giving such new security their offices shall be deemed 
vacant, but the county shall never be made responsible for the acts of 
the sheriff. The Governor may remove any officer in this section men- 
tioned, giving to such a copy of the charges against him and an op- 
portunity of being heard in his defense. All vacancies shall be filled by 
appointment, and the person appointed to fill a vacancy shall hold only 
for the unexpired portion of the term to which he shall be appointed 
and until his successor shall be elected and qualified. 



78 



79 



ARTICLE Vn 

JUDICIARY 

Section 1 . The court for the trial of impeachments shall be composed 
of the Senate. The House of Representatives shall have the power of 
impeaching all civil officers of this State, for corrupt conduct in office, 
or for crimes and misdemeanors; but a majority of all the members 
elected shall concur in an impeachment. On the trial of an impeach- 
ment against the Governor, the Lieutenant Governor shall not act as 
a member of the court. No judicial officer shall exercise his office after 
he shall have been impeached, until his acquittal. Before the trial of 
an impeachment, the members of the court shall take an oath or affirma- 
tion truly and impartially to try the impeachment, according to evi- 
dence ; and no person shall be convicted without the concurrence of 
two-thirds of the members present. Judgment in cases of impeach- 
ment shall not extend further than to removal from office, or removal 
from office and disqualification to hold any office of honor, profit or 
trust, under the State ; but the party impeached shall be liable to in- 
dictment, trial and punishment according to law. 

Section 2. The judicial power of this State, both as to matters of law 
and equity, shall be vested in a Supreme Court, Circuit Courts, Courts 
of Probate, and in Justices of the Peace. The Legislature may also vest 
such jurisdiction as shall be deemed necessary in Municipal Courts and 
shall have power to establish inferior courts in the several counties, with 
limited civil and criminal jurisdiction. Provided, that the jurisdiction 
which may be vested in Municipal Courts shall not exceed, in their re- 
spective municipalities, that of Circuit Courts in their respective cir- 
cuits, as prescribed in this Constitution ; and that the Legislature shall 
provide as well for the election of judges of the Municipal Courts as of 



CONSTITUTION 309 

the judges of inferior Courts, by the quaUfied electors of the respective 
jurisdictions. The term of office of the judges of the said Municipal 
and inferior courts shall not be longer than that of the judges of the 
Circuit Courts. 

Section 3. The Suprema Court, except in cases otherwise provided 
in this Constitution, shall have appellate jurisdiction only, which shall 
be co-extensive with the State ; but in no case removed to the Supreme 
Court, shall a trial by jury be allowed. The Supreme Court shall have 
a general superintending control over all inferior courts ; it shall have 
power to issue writs of habeas corpus, mandamus, injunction, quo war- 
ranto, certiorari and other original and remedial writs, and to hear and 
determine the same. 

Section 4. (As amended Nov. 7, 188'2.) The supreme court shall con- 
sist of one chief justice and four associate justices, to be elected by 
the qualified electors of the State. The Legislature shall, at its first 
session after the adoption of this amendment, provide by law for the 
election of two associate justices of said court, to hold their offices for 
terms ending two and four years respectively, after the end of the term 
of the justice of the said court then last to expire. And thereafter the 
chief justice and associate justices of the said court shall be elected and 
hold their offices respectively for the term of ten years. 

Section 4. (As amended April 2, 1892.) The chief justice and associ- 
ate justices of the supreme court shall be severally known as justices 
of said court with the same terms of office, respectively, as now pro- 
vided. The supreme court shall consist of five justices (any three of 
whom shall be a quorum), to be elected as now provided. The justice 
having been longest a continuous member of the court (or in case of two 
or more of such senior justices having served for the same length of 
time, then the one whose commission first expires), shall be ex-officio 
the chief justice. 

Section 5. {Provides for first division of the State into judicial dis- 
tricts.) 

Section 6. The Legislature may alter the limits, or increase the num- 
ber of circuits, making them as compact and convenient as practicable, 
and bounding them by county lines, but no such alteration or increase 
shall have the effect to remove a judge from office. In case of an in- 
crease of circuits, the judge or judges shall be elected as provided in 
this Constitution, and receive a salary not less than that herein provided 
for judges of the Circuit Court. 

Section 7. For each circuit there shall be a judge chosen by the 
qualified electors therein, who shall hold his office as is provided in this 
Constitution, and until his successor shall be chosen and qualified ; and 
after he shall have been elected, he shall reside in the circuit for which 
he was elected. * * * * 

Section 8. The Circuit Courts shall have original jurisdiction in all 
matters, civil and criminal, within this State, not excepted in this Con- 
stitution, and not hereafter prohibited by law, and appellate jurisdic- 
tion from all inferior courts and tribunals, and a supervisory control 
over the same. They shall also have the power to issue writs of habeas 
I corpus, mandamus, injunction, quo warranto, certiorari, and all other 
I writs necessary to carry into effect their orders, judgments and de- 



310 WISCONSIN 



87 



88 



89 



90 



91 



92 



crees, and give them a general control over inferior courts and juris- 
dictions. 

Section 9. When a vacancy shall happen in the office of Judge of 
the Supreme or Circuit Courts, such vacancy shall be filled by an 
appointment of the Governor, which shall continue until a successor is 
elected and qualified ; and when elected, such successor shall hold his 
office the residue of the unexpired term. There shall be no election for 
a judge or judges at any general election for State or county officers, 
nor within thirty days either before or after such election. 

Section 10. Each of the Judges of the Supreme and Circuit Courts 
shall receive a salary, payable quarterly, of not less than one thousand 
five hundred dollars annually ; they shall receive no fees of office, or 
other compensation than their salaries ; they shall hold no office of 
public trust, except a judicial office, during the term for which they 
are respectively elected, and all votes for either of them, for any office 
except a judicial office given by the Legislature or the people, shall be 
void. No person shall be eligible to the office of Judge, who shall not, 
at the time of his election, be a citizen of the United States, and have 
attained the age of twenty-five years, and be a qualified elector within 
the jurisdiction for which he may be chosen. 

Section 11 . The Supreme Court shall hold at least one term annually, 
at the seat of government of the State, at such time as shall be pro- 
vided by law, and the Legislature may provide for holding other terms, 
and at other places, when they may deem it necessary. A Circuit 
Court shall be held at least twice in each year, in each county of this 
State, organized for judicial purposes. The judges of the circuit court 
may hold courts for each other, and shall do so when required by law. 

Section 12. (As amended Nov. 7, 1882.) There shall be a clerk of the 
Circuit Court chosen in each county organized for judicial purposes, 
by the qualified electors thereof, who shall hold his office for two years, 
subject to removal, as shall be provided by law. In case of a vacancy, 
the Judge of the Circuit Court shall have power to appoint a clerk, 
until the vacancy shall be filled by an election. The clerk thus elected 
or appointed shall give such security as the Legislature may require. 
The Supreme Court shall appoint its own Clerk, and the Clerk of a 
Circuit Court may be appointed Clerk of the Supreme Court. 

Section 13. Any Judge of the Supreme or Circuit Court may be re- 
moved from office by address of both Houses of the Legislature, if two- 
thirds of all the members elected to each House concur therein, but no 
removal shall be made by virtue of this section, unless the judge com- 
plained of shall have been served with a copy of the charges against 
him as the ground of address, and shall have had an opportunity of 
being heard in his defense. On the question of removal, the ayes and 
noes shall be entered on the journals. 

Section 14. There shall be chosen in each county, by the qualified 
electors thereof, a Judge of Probate, who shall hold his office for two 
years, and until his successor shall be elected and qualified, and whose 
jurisdiction, powers and duties shall be prescribed by law. Provided, 
however. That the Legislature shall have power to abolish the office of 
Judge of Probate in any county, and to confer probate powers upon 
such inferior courts as may be established in said county. 



CONSTITUTION 311 

Section 15. The electors of the several towns, at their annual town 
meetings, and the electors of cities and villages, at their charter elec- 
tions, shall in such manner as the Legislature may direct, elect justices 
of the peace, whose term of office shall be for two years, and until 
their successors in office shall be elected and qualified. In case of an 
election to fill a vacancy occurring before the expiration of a full term, 
the justice elected shall hold for the residue of the unexpired term. 
Their number and classifications shall be regulated by law. And the 
tenure of two years shall in no wise interfere with the classification in 
the first instance. The justices thus elected shall have such civil and 
criminal jurisdiction as shall be prescribed by law. 

Section 16. The Legislature shall pass laws for the regulation of 
tribunals of conciliation, defining their powers and duties. Such tri- 
bunals may be established in and for any township, and shall have 
power to render judgment, to be obligatory on the parties, when they 
shall voluntarily submit their matter in difference to arbitration, and 
agree to abide the judgment, or assent thereto in writing. 

Section 17. The style of all writs and process shall be, " The State of 
Wisconsin." All criminal prosecutions shall be carried on in the name 
and by the authority of the same ; and all indictments shall conclude 
against the peace and dignity of the State. 

Section 18. The Legislature shall impose a tax on all civil suits 
commenced or prosecuted in the municipal, inferior, or circuit courts, 
which shall constitute a fund to be applied toward the payment of the 
salary of the judges. 

Section 19. The testimony in causes in equity shall be taken in like 
manner as in cases at law ; and the office of master in chancery is here- 
by prohibited. 

Section 20. Any suitor in any court in this State shall have the right 
to prosecute or defend his suit either in his own proper person or by an 
attorney or agent of his choice. 

Section 21. The Legislature shall provide by law for the speedy 
publication of all statute laws, and of such judicial decisions made 
within the State, as may be deemed expedient. And no general law 
shall be in force until published. 

Section 22. The Legislature, at its first session after the adoption of 
this Constitution, shall provide for the appointment of three commis- 
sioners, whose duty it shall be to inquire into, revise, and simplify the 
rules of practice, pleadings, forms, and proceedings, and arrange a 
system adapted to the courts of record of this State, and report the 
same to the Legislature, subject to their modification and adoption ; 
and such commission shall terminate upon the rendering of the report, 
unless otherwise provided by law. 

Section 23. The Legislature may provide for the appointment of one 
or more persons in each organized county, and may vest in such persons 
such judicial powers as shall be prescribed by law. Provided, That 
said power shall not exceed that of a judge of the Circuit Court at 
chambers. 



312 



WISCONSIN 



102 
103 

104 
105 
106 



107 



108 



109 



110 



ARTICLE VIII 



Section 1 . The rule of taxation shall be uniform, and taxes shall be 
levied upon such property as the Legislature shall prescribe. 

Section 2. (As amended Nov. 6, 1877.) No money shall be paid out of 
the treasury, except in pursuance of an appropriation by law. No 
appropriation shall be made for the payment of any claim against the 
State, except claims of the United States, and judgments, unless filed 
within six years after the claim accrued. 

Section 3. The credit of the State shall never be given or loaned in 
aid of any individual, association, or corporation. 

Section 4. The State shall never contract any public debt, except in 
the cases and manner herein provided. 

Section 5. The Legislature shall provide for an annual tax sufficient 
to defray the estimated expenses of the State for each year ; and 
whenever the expenses of any year shall exceed the income, the Legis- 
lature shall provide for levying a tax for the ensuing year, sufficient, 
with other sources of income, to pay the deficiency, as well as the esti- 
mated expenses of such ensuing year. 

Section 6. For the purpose of defraying extraordinary expenditures, 
the State may contract public debts ; but such debts shall never, in the 
aggregate, exceed one hundred thousand dollars. Every such debt 
shall be authorized by law, for some purpose or purposes to be dis- 
tinctly specified therein ; and the vote of a majority of all the members 
elected to each house, to be taken by yeas and nays, shall be necessary 
to the passage of such law ; and every such law shall provide for levy- 
ing an annual tax sufficient to pay the annual interest of such debt, and 
the principal within five years from the passage of such law, and shall 
specially appropriate the proceeds of such taxes to the payment of such 
principal and interest ; and such appropriation shall not be repealed, 
nor the taxes be postponed or diminished, until the principal and inter- 
est of such debt shall have been wholly paid. 

Section 7. The Legislature may also borrow money to repel invasion, 
suppress insurrection, or defend the State in time of war ; but the 
money thus raised shall be applied exclusively to the object for which 
the loan was authorized, or to the repayment of the debt thereby 
created. 

Section 8. On the passage in either house of the Legislature, of any 
law which imposes, continues or renews a tax, or creates a debt or 
charge, or makes, continues or renews an appropriation of public or 
trust money, or releases, discharges or commutes a claim or demand of 
the State, the question shall be taken by yeas and nays, which shall be 
duly entered on the journal ; and three-fifths of all the members elected 
to such house, shall in all such cases be required to constitute a quorum 
therein. 

Section 9. No scrip, certificate or other evidence of State debt what- 
soever, shall be issued, except for such debts as are authorized by the 
sixth and seventh sections of this article. 



CONSTITUTION 318 

till Section 10. The State shall never contract any debt for works of 
1 internal improvement, or be a party in carrying on such works ; but 
I whenever grants of land or other property shall have been ma:le to the 
! State, especially dedicated by the grant to particular works of internal 
improvement, the State may carry on such particular works, and shall 
devote thereto the avails of such grants, and may pledge or appropriate 
the revenues derived from such works in aid of their completion, 

ARTICLE IX 

EMINENT DOMAIN AND PROPERTY OF THE STATE 

j Section 1. The State shall have concurrent jurisdiction on all rivers 
and lakes bordering on this State, so far as such rivers or lakes shall 
form a common boundary to the State, and any other State or Territory 
now or hereafter to be formed and bounded by the same. And the 
river Mississippi and the navigable waters leading into the Mississippi 
and St. Lawrence, and the carrying places between the same, shall be 
common highways, and forever free, as well to the inhabitants of the 
State as to the citizens of the United States, without any tax, impost, 
or duty therefor. 

Section 2 The title of all lands and other property, which have 
accrued to the Territory of Wisconsin, by grant, gift, purchase, forfei- 
ture, escheat or otherwise, shall vest in the State of Wisconsin. 

Section 3. The people of the State, in their right of sovereignty, are 
declared to possess the ultimate property in and to all lands within the 
jurisdiction of the State ; an J all lands, the title to which shall fail from 
a defect of heirs, shall revert or escheat to the people. 

ARTICLE X 
education 

Section 1. The supervision of public instruction shall be vested in a 
State Superintendent, and such other oflftcers as the Legislature shall 
direct. The State Superintendent shall be chosen by the qualified 
electors of the State, in such manner as the Legislature shall provide ; 
his powers, duties and compensation shall be prescribed by law. Pro- 
vided, That his compensation shall not exceed the sum of twelve 
hundred dollars annually.* 

Section 2. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State, for educational pur- 
poses (except the lands heretofore granted for the purposes of a Uni- 
versity), and all moneys, and the clear proceeds of all property, that 
may accrue to the State by forfeiture or escheat, and all moneys which 
may be paid as an equivalent for ex3mption from military duty, and 
the clear proceeds of all fines collected in the several counties for any 
breach of the penal laws, and all moneys arisin-? from any grant to 
the State where the purposes of such grant are not specified, and the 
five hundre I thousan 1 acres of land to which the State is entitled by 

* An amendment striking out the last provision goes before the people 
at the general election of 1890. The Legislature of 1895 has fixed the 
salary at S3,000, conditioned upon the passage of the amendment. 



Bl4 WISCONSIN 

I the provisions of an act of Congress, entitled " an act to appropriate the 
I proceeds of the sale of public lands, and to grant pre-emption rights," 
approved the fourth day of September, one thousand eight hundred 
and forty-one, and also the five per centum of the net proceeds of the 
public lands to which the State shall become entitled on her admission 
into the Union (if Congress shall consent to such appropriation of the 
two grants last mentioned), shall be set apart as a separate fund to be 
called the school fund, the interest of which, and all other revenues 
derived from the school lands, shall be exclusively applied to the follow- 
ing objects, to wit : 

1. To the support and maintenance of common schools in each school 
district, and the purchase of suitable libraries and apparatus therefor. 

2. The residue shall be appropriated to the support and maintenance 
of academies and normal schools, and suitable libraries and apparatus 
therefor. 

Section 3. The Legislature shall provide by law for the establish- 
ment of district schools, which shall be as nearly uniform as practicable, 
and such schools shall be free and without charge for tuition to all 
children between the ages of four and twenty years, and no sectarian 
instruction shall be allowed therein. 

Section 4. Each town and city shall be required to raise, by tax, 
annually, for the support of common schools therein, a sum not less 
than one-half the amount received by such town or city respectively 
for school purposes, from the income of the school fund. 

Section 5. Provision shall be made by law for the distribution of the 
income of the school fund among the several towns and cities of the 
State, for the support of common schools therein, in some just propor- 
tion to the number of children and youth resident therein, between the 
ages of four and twenty years, and no appropriation shall be made 
from the school fund to any city or town for the year in which said city 
or town shall fail to raise such tax, nor to any school district for the 
year in which a school shall not be maintained at least three months. 

Section 6. Provision shall be made by law for the establishment of 
a State University, at or near the seat of State Government, and for 
connecting with the same from time to time, such colleges in different 
parts of the State, as the interests of education may require. The pro- 
ceeds of all lands that have been or may hereafter be granted by the 
United States to the State for the support of a University, shall be and 
remain a perpetual fund to be called the " University Fund," the inter- 
est of which shall be appropriated to the support of the State Univer- 
sity, and no sectarian instruction shall be allowed in such University. 

Section 7. The Secretary of State, Treasurer and Attorney General 
shall constitute a Board of Commissioners for the sale of the School and 
University Lands and for the investment of the funds arising there- 
from. Any two of said Commissioners shall be a quorum for the tran- 
saction of all business pertaining to the duties of their office. 

Section 8. Provisions shall be made by law for the sale of all School 
and University Lands, after they shall have been appraised, and when 
any portion of such lands shall be sold, and the purchase money shall 
not be paid at the time of the sale, the Commissioners shall take secur- 
ity by mortgage upon the land sold for the sum remaining unpaid, with 



117 

118 
119 



120 



131 
122 



123 

124 
125 



126 
127 



CONSTITUTION 315 

seven per cent, interest thereon, payable annually at the office of the 
Treasurer. The Commissioners shall be authorized to execute a good 
and sufficient conveyance to all purchasers of such lands, and to dis- 
charge any mortgages taken as security, when the sum due thereon 
shall have been paid. The Commissioners shall have power to with- 
hold from sale any portion of such lands when they shall deem it ex- 
pedient, and shall invest all moneys arising from the sale of such lands, 
as well as all other University and School funds, in such manner as the 
Legislature shall provide, and shall give such security for the faithful 
performance of their duties as may be required by law. 

ARTICLE XI 

CORPORATIONS 

Section 1. Corporations without banking powers or privileges may 
be formed under general laws, but shall not be created by special act, 
except for municipal purposes, and in cases where, in the judgment of 
the Legislature, the objects of the corporation cannot be attained 
under general laws. All general laws or special acts enacted under the 
provisions of this section may be altered or repealed by the Legislature 
at any time after their passage. 

Section 2. No municipal corporation shall take private property for 
public use against the consent of the owner, without the necessity 
thereof being first estabhshed by the verdict of a jury. 

Section 3. (As amended Nov. 3, 1874.) It shall be the duty of the 
Legislature, and they are hereby empowered to provide for the organ- 
ization of cities and incorporated villages, and to restrict their power 
of taxation, assessment, borrowing money, contracting debts, and loan- 
ing their credit, so as to prevent abuses in assessments and taxation, 
and in contracting debts by such municipal corporations. No county, 
city, town, village, school district, or other municipal corporation, 
shall be allowed to become indebted in any manner or for any purpose, 
to any amount, including existing indebtedness, in the aggregate ex- 
ceeding five per centum on the value of the taxable property therein, 
to be ascertained by the last assessment for state and county taxes, 
previous to the incurring of such indebtedness. Any county, city, 
town, village, school district, or other municipal corporation, incurring 
any indebtedness as aforesaid, shall before or at the time of doing so, 
provide for the collection of a direct annual tax sufficient to pay the 
interest on said debt as it falls due, and also to pay and discharge the 
principal thereof within twenty years from the time of contracting the 
same. 

Section 4. The Legislature shall not have power to create, authorize, 
or incorporate, by any general or special law, any bank or banking 
power or privilege, or any institution or corporation, having any bank- 
ing power or privilege whatever, except as provided in this article. 

Section 5. The Legislature may submit to the voters at any general 
election, the question of "bank or no bank," and if at any such elec- 
tion a number of votes equal to a majority of all the votes cast at such 
election on that subject shall be in favor of banks, then the Legisla- 
ture shall have power to grant bank charters, or to pass a general 



316 



WISCONSII^ 



128 



129 



130 



banking law, with such restrictions, and under such regulations as they 
may deem expedient and proper for the security of the bill holders. 
Provided, That no such grant or law shall have any force or effect until 
the same shall have been submitted to a vote of the electors of the 
State at some general election, and been approved by a majority of the 
votes cast on that subject at such election. 

ARTICLE XII 

AMENDMENTS 

Section 1. Anj'' amendment or amendments to this Constitution may 
be proposed in eithsr House of the Legislature and if the same shall be 
agreed to by a majority of the members elected to each of the two 
Houses, such proposed amendment or amendments shall be entered on 
their journals with the yeas and nays taken thereon, and referred to 
the Legislature to be chosen at the next general election, and shall be 
published for three months previous to the time of holding such elec- 
tion. And if in the Legislature so next chosen, such proposed amend- 
ment or amendments shall be agreed to by a majority of all the members 
elected to each House, then it shall be the duty of the Legislature to 
submit such proposed amendment or amendments to the people, in 
such manner and at such time as the Legislature shall prescribe, and 
if the people shall approve and ratify such amendment or amendments 
by a majority of the electors voting thereon, such amendment or amend- 
ments shall become part of the Constitution. Provided, that if more 
than one amendment be submitted, they shall be submitted in such 
manner that the people may vote for or against such amendments 
separately. 

Section 2. If at any time a majority of the Senate and Assembly 
shall deem it necessary to call a convention to revise or change this 
Constitution, they shall recommend to the electors to vote for or 
against a convention at the next election for members of the Legisla- 
ture ; and if it shall appear that a majority of the electors voting there- 
on have voted for a convention, the Legislature shall at its next session, 
provide for calling such convention. 

ARTICLE XIII 
miscellaneous provisions 

Section 1. (As amended Nov. 7, 1882.) The political year for the 
State of Wisconsin shall commence on the first Monday in January in 
each year, and the general elections shall be holden on the Tuesday 
next succeeding the first Monday in November. The first general elec- 
tion for all state and county officers, except judicial officers, after the 
adoption of this amendment, shall be holden in the year A. D. 1884, and 
thereafter the general election shall be held biennially. All state, 
county or other officers elected at the general election in the year 1881, 
and whose term of office would otherwise expire on the first Monday of 
January in the year 1884, shall hold and continue in such office respect- 
ively, until the first Monday in January in the year 1885. 



133 



CONSTITUTION 317 

1 Q 1 ' Section 2. Any inhabitant of this State who may hereafter be en- 
gaged, either directly or indirectly, in a duel, either as principal or 
accessory, shall forever be disqualified as an elector, and from holding 
' any office under the Constitution and laws of this State, and may be 
punished in such other manner as shall be prescribed by law. 
132 Section 3. No Member of Congress, nor any person holding any office 
I of profit or trust under the United States (postmasters excepted), or 
; under any foreign power ; no person convicted of any infamous crime 
i in any court within the United States, and no person being a defaulter 
j to the United States, or to this State, or to any county or town therein, 
I or to any State or Territory within the United States, shall be eligible 
' to any office of trust, profit or honor in this State. 

Section 4. It shall be the duty of the Legislature to provide a great 
seal for the State, which shall be kept by the Secretary of State ; and 
all official acts of the Governor, his approbation of the laws excepted, 
shall be thereby authenticated. 
1 OA Section 5. All parsons residing upon Indian lands within any county 
, of the State, and qualified to exercise the right of suffrage under this 
i Constitution, shall be entitled to vote at the polls which may be held 
nearest their residence for State, United States or County officers. 
j Provided, that no person shall vote for county officers out of the county 
in which he resides. 
1 o ?r Section 6. The elective officers of the Legislature, other than the 
presiding officers, shall be a Chief Clerk and a Sergeant-at-arms, to be 
elected by each house. 

Section 7. No county with an area of nine hundred square miles or 

less, shall be divided or have any part stricken therefrom, without sub- 

j mitting the question to a vote of the people of the county, nor unless a 

\ majority of all the legal voters of the county voting on the question 

shall vote for the same. 

i Section 8. No county seat shall be removed until the point to which 
it is proposed to be removed, shall be fixed by law, and a majority of 
the voters of the county voting on the question, shall have voted in 
favor of its removal to such point. 
1 QC , Section 9. All county officers whose election or appointment is not 
provided for by this Constitution, shall be elected by the electors of the 
respective counties, or appointed bj^ the boards of supervisors, or other 
county authorities as the Legislature shall direct. All city, town and 
village officers, whose election or appointment is not provided for by 
this Constitution, shall be elected by the electors of such cities, towns 
and villages, or of some division thereof, or appointed by such author- 
ities thereof as the Legislature shall designate for that purpose. All 
other o.'ticers whose election or appointment is not provided for by this 
Constitution, and all officers whose offices may hereafter be created by 
law, shall be elected by the people, or appointed as the Legislature may 
direct. 

Section 10. The Legislature may declare the cases in which any 
office shall be deemed vacant, and also the manner of filling the vacancy 
where no provision is made for that purpose in this Constitution. 



138 



137 



139 



318 WISCONSIN 



140 



ARTICLE XVI 

SCHEDULE 

[This article provides for the change from the territorial form of 
government to the state form. It makes the first apportionment into 
senate and assembly districts. It declares such parts of the common 
law, then in force in the Territory of Wisconsin, not inconsistent with 
the Constitution, to be still in force in the State of Wisconsin.] 



PBE AMBLE AND DECLARATION OF EIGHTS 319 



Chapter IV. — Preainible and Declaration of 

Rights 

The figures in parentheses refer to the numbers of the para- 
graphs of the constitution. The letters Y, 0. B, refer 
to Young^s Grovernment Class Book. 

1. Preamble — The preamble is adapted from the pre- 
amble of the United States constitution. It provides 
for a better government than the territorial form, which 
the constitution superseded. It declares that the con- 
stitution is made by the people of the State. It re- 
cognizes Almighty God and devoutly expresses gratitude 
to Him (1). There is no recognition of God in the 
United States constitution. 

2. Inherent Rights ; Object of Governments ; Source of 
Powers — The first article of the constitution is a de- 
claration of rights. It opens with a quotation, slightly 
altered from the Declaration of Independence (2). We 
have heard it so often, it has lost most of its meaning 
to us. Still, the declaration, that all governments de- 
rive their just powers from the consent of tlie governed, 
and that governments are instituted among men to secure 
their inherent rights are lofty ideals of the source and 
ends of government, well worth pondering deeply. 

2. Slavery Forbidden — The second section is taken from 
the Ordinance of 1787, and is one of its noblest pro- 
visions. By it slavery was prohibited long before the 
thirteenth amendment to the United States constitution 
prohibited it throughout the United States (Y. C. B., 
p. 125). It is a historical fact that slave labor was em- 



320 WISCONSIN 

ployed in Wisconsin, in lead mining, and in domestic 
service, but it was in the early days of the territory, or 
rather, when Wisconsin was a part of the territory of 
Michigan. The public sentiment of the State was always 
opposed to slavery. 

4. Why State Constitution Repeats United States Con- 
stitution — The young student is often puzzled at find- 
ing so many of the provisions of the United States con- 
stitution repeated substantially, and even word for 
word, in the constitution of his State. The twenty 
personal rights enumerated in this article are the great 
historic rights of Englishmen and their descendants in 
America. Many of them are as old as Magna Charta. 
Freedom of speech (4), freedom of the press (4), free- 
dom in religion (19), the rights of assembly (5), the 
right of petition (5), the right of trial by jury (6), the 
right of habeas corpus (9), security of homes, persons, 
and papers, against unreasonable searches and seizures 
(12), immunity from cruel and unusual punishments, 
or excessive bail (7), the subordination of the military 
power to the civil power (21), — all these are carefully 
enumerated and specially guarded in both constitutions. 
Why in both ? Are they not all made secure to the 
people of the United States by the federal constitution ? 
Yes, and no. They are made secure against interference 
by the United States government. The Supreme Court 
of the United States has always held, that, in the first 
ten amendments, and elsewhere in the constitution 
where these rights are enumerated, the purpose of the 
people of the United States was simply to prohibit 
congress from meddling with these rights. The people 
say to the United States government '' Hands off." But 
these amendments have no force whatever as against 



PREAMBLE AND DECLARATION OF RIGHTS 321 

the State governments (Y. C. B., p. 194). Indeed, it is 
quite possible for the legislatures of the separate States 
to pass very unjust and oppressive laws in regard to 
these rights, unless restrained by their State constitu- 
tions. Citizens of the United States, residing in States 
where such oppressive laws might happen to be in 
operation, would have no redress in the United States 
Courts. The people have thought it wise not to give the 
United States government any jurisdiction Avhatever, in 
these matters, and so, the people of Wisconsin enumer- 
ate and guard these rights in their constitution, against 
State interference. By both constitutions together, these 
rights are retained by the people and made secure. 

5. Field of State Authority : Field of United States 
Authority — Tlie United States government has juris- 
diction in United States matters. The State govern- 
ment has jurisdiction in State matters. The State 
government is not a branch of the United States govern- 
ment in the sense in which the county, city, and town 
governments are branches of the State government. 
Each of the two governments is supreme in its own 
proper sphere. It is true that the United States Con- 
stitution, laws, and treaties, are the supreme law of the 
land. There must be nothing in the State constitution 
or laws in conflict with the United States Constitution or 
hiws. If there should be, it must give way. We are a 
nation. The States no longer retain their '^ sovereignty, 
freedom and independence, and every power, jurisdic- 
tion and right, which is not by this confederation ex- 
pressly delegated to the United States in congress 
assembled," as they did under the articles of confedera- 
tion. Expressly, and by implication as well, large 
powers have been surrendered to the United States 
government. 

21 



322 WISCONSIN 

6. State Powers — On the other hand the powers not 
so surrendered are still more numerous and important. 
Many of them touch our daily lives very closely, — our 
family, social, and business interests. These are the 
powers exercised by the State governments, or held in 
reserve by the people. 

7. Vastness of State Powers — The vastness of the 
powers left to the separate States is not always real- 
ized by the ordinary citizen. Woodrow Wilson, in 
order to show how great these powers are, uses a very 
striking illustration. He says that the constitutional 
history of England for eighty years has been connected 
with the settlement of twelve great questions, which he 
enumerates. These questions have been settled by the 
British parliament. Had they arisen in this country 
before the war, only one of them, — the repeal of the corn 
laws, — could have been considered by congress. Had 
they arisen since the war, one other question, — the 
abolition of slavery, — could have been so considered. 
All the other ten questions would have been settled 
by the separate State governments, each in its own 
way. 

8. Importance of Understanding Relations of State and 
General Governments — If the student will get a clear 
conception of the mutual relations and interplay of the 
State governments and the United States government, 
he will understand our system better, and will learn to 
admire and love it more. This in turn should make 
him public-spirited, and patriotic, — willing to sacrifice 
his time and his means, if necessary, for the correction 
of abuses. that have arisen in it, for the maintenance of 
its efficiency, and for the enlarging and perfecting of it, 
to meet the needs of our rapidly expanding civilization. 
" Forward " is our State motto. Wisconsin will be true 



PREAMBLE AND DECLARATION OF RIGHTS 323 

to her motto, only so far as her children are intelligent 
and patriotic. 

9. Eights Already Considered — Most of the rights 
enumerated in this article have been already treated 
adequately (Y. C. B., pp. 193-198). Others require fur- 
ther attention. 

10. Due Process of Law — In Wisconsin no person can 
be held to answer for a criminal offense without due 
process of law (9). For capital and otherwise infamous 
crimes against the United States, no person can be held 
to answer, unless on presentment or indictment of a 
grand jury (Y. C. B., p. 121). Grand juries are very sel- 
dom called in Wisconsin. Due process of law is usually 
a preliminary examination before a justice of the peace 
followed by an information made to the trial court by 
the district attorney. The United States have one 
" Process of Law," Wisconsin has a different process. 
By section 1 of the fourteenth amendment (Y. C. B., 
p. 125), the United States are given authority to see 
that no State shall deprive any person of life, liberty, or 
propertj^ without due process of law. This does not 
mean due process of United States law but due process 
of State law. That is, the United States may insist 
that tlie criminal shall be tried as other criminals are 
tried for the same offense in the State courts. 

11. All Lands Allodial — All lands in Wisconsin are 
allodial (15). This means that the owner of a piece of 
land has absolute dominion over it. He may convey 
it — that is, sell it — on such terms and conditions as he 
chooses. A feudal tenure, at first, was the riglit to 
hold land, in consideration of military services rendered 
or pledged, to the proprietor. Later it came to mean 
2inj perpetual sQTYice^ OT rent. Restraints upon aliena- 
tion are usually called entails. In some countries, all 



324 WISCONSIN 

the real estate of a family descends by inheritance to 
the eldest son. It cannot be sold by the owner. It 
cannot be seized and sold for debt. It must remain in 
the line of eldest sons, by what is called primogeniture. 
Feudal tenures, entails, and primogeniture are the 
foundations of the English aristocracy. 

12. Farming Lands— Farming lands cannot be rented 
for a longer term than fifteen yeai's ; otherwise the 
provisions of this section might be frustrated. 

13. Object of Section 15— The object of tliis section is to 
prevent the growth of a landed aristocracy, and to pro- 
mote the ownership of the soil by those who till it. 
The United States homestead and pre-emption laws 
were framed with the same end in view. The policy is 
profoundly wise. The greater the number of persons 
owning the soil they till, the smaller the number of 
anarchists and other enemies of the social system, and, 
in every way, the more stable the State. 

14. Exemption Laws — Tlie exemption laws are ex- 
tremely liberal (18). While it is just and reasonable 
that the property of the debtor should be seized and 
sold to pay his debts, it is not good public policy to 
strip the debtor of the necessary comforts of life, and 
deprive him of the means of earning a living. His 
homestead cannot be taken from him — forty acres of 
land in the country, with all the buildings upon it, or 
a quarter of an acre in the city. Other exemptions are 
family wearing apparel, household furniture, libraries, 
the mechanic's tools, and his stock in trade, not exceed- 
ing two hundred dollars in value, two cows, ten swine, 
one yoke of oxen, and one horse, or mule, or, in lieu of 
the oxen and the horse, or the oxen and the mule, two 
horses or two mules, ten sheep and their wool, a year's 



BOUNDARIES 825 

provisions and fuel, and many other things, literally too 
numerous to mention. 

Chapter V. — Boundaries 

1. Fixed by the Constitution — The student should trace 
out carefully on a good map of the State, the boundaries 
as fixed in the Constitution (24). 

2. Proposition to Change — During the session of 1895 
the legislature of Minnesota passed a joint-resolution 
requesting the legislature of Wisconsin to appoint com- 
missioners, to meet a board of commissioners from Min- 
nesota, for the purpose of considering the request of 
the legislature of Minnesota that an area of about 
twenty-nine townships in the extreme northwest part 
of the state be set over into Minnesota. The purpose 
of the movement is to place the two cities of Duluth 
and Superior under one government. The Wisconsin 
commissioners have been appointed, as state comity, 
seemed to require. They are instructed to report to 
the next legislature. 

3. Changes: How Made — In order to effect the change, 
or any similar change, the mere request of the legisla- 
ture of Minnesota is not sufficient. The legislature of 
Wisconsin must consent to the change, and it must then 
be approved by Congress. We may safely say that no 
such change will ever meet such consent and approval. 

4. Land Titles : U. S. Lands not Taxed : Uniform Taxa- 
tion : School Lands— Section 2 provides that the State 
shall never interfere with titles to land derived from 
the United States ; that no United States' lands in the 
state shall be taxed ; that the rate of taxation shall be 
the same for non-residents as for residents. It also 
claims for the State the five hundred thousand acres 



326 WISCONSIN 

of land granted by the United States, for educational 
purposes (25). 

Chapter VI. — Suffrage 

1. Clualifications of Voters the Same at All Elections — The 

provisions in regard to suffrage are extremely liberal 
(26). The qualifications of voters at elections for presi- 
dential electors, members of the House of Representa- 
tives and for State and county officers, held regularly 
on the first Tuesday after the first Monday in November 
in the even-numbered years ; forjudges of the Supreme, 
Circuit, and County Courts, and for all town officers, 
held on the first Tuesday in April, annually ; and for 
school district officers held on the first Monday in July, 
annually, must all have exactly the same qualifications. 
The person entitled to vote at any one of these elections 
is entitled to vote at every one of them. The only ex- 
ception is, that women have the right to vote at school- 
meetings. 

2. Who may Vote — Every voter must have all of these 
four qualifications : — (a) Male sex ; (to) twenty-one 
years of age, at least ; (c) one year's residence in the 
State ; (d) ten days' residence in the election district. 
Having these qualifications he must belong to some one 
of the following classes : — (e) Citizens of the United 
States ; (f) persons of foreign birth who have declared 
their intention of becoming citizens of the United 
States in conformity to the national naturalization 
laws ; (g) persons of Indian blood once declared 
citizens by congress, notwithstanding any subsequent 
contrary law of congress ; (li) civilized Indians not 
belonging to any tribe. 

3. Natives and Foreigners on Same Footing — It will be 



SUFFRAGE 327 

seen that a descendant of one of the original Mayflower 
pilgrims, coming from Massachusetts, and an emigrant 
from farthest Russia, are placed upon exactly the same 
footing. The one must reside in the State a year before 
he is allowed to vote. So must the other. During the 
year the Russian must declare his intention. 

4. Chinamen — Tlie Chinaman is excluded. His race 
cuts liim off from the privileges of class 3 and class 4 
(26). The naturalization laws are not open to him. 
He cannot enter class 2 or class 1 (26). The State has 
made no special provision for him. 

5. In other States — In Illinois, Iowa, Kentucky, Cali- 
fornia, Nevada, Montana, Texas, Maine, Vermont, 
South Carolina, and some other States, none but United 
States citizens are allowed to vote. That was the rule, 
too, in the Territory of Wisconsin. At first thought, 
it seems like a wise policy for all the States. The 
foreigner, under that policy, is not able to vote until he 
has lived at least five years in the United States, and has 
had a chance to become familiar with our institutions. 

6. Wisconsin's Way Best — On the other hand, there 
are many places, — wards in cities and towns in the 
country, — where the population is almost exclusively of 
foreign birth. In these places local government must 
be maintained by the people. They are not at first, 
qualified for self-government, perhaps. But they will 
never become qualified tlirough having the right of suf- 
frage denied them. Macaulay has told us that no 
people ever became worthy of liberty except through 
the enjoyment of liberty. Wisconsin with an unusually 
large foreign population, has, from tlie beginning, 
frankly entrusted foreigners with the right to vote. 
The results have vindicated the wisdom of her policy. 

7. Other Privileges of Foreigners — Not only are persons 



328 WISCONSIN 

who have declared their intention, allowed to vote, but 
the Supreme Court of the State has declared them to be 
citizens of the State (See Wis. Repoi'ts, in re Wehlitz) 
They are eligible to all town, county, and State offices 
except governor and lieutenant-governor, and judge of 
the Supreme Court or of the Circuit Courts. They are 
exempt from the duty of serving on the grand or the 
petit jury, both under United States laws and the laws 
of the State. Enjoying as they do substantially, all the 
privileges of citizens of the State and of the United 
States, and being relieved of some of their most irksome 
duties, it has happened that the number of voters not 
citizens of the United States, is very large. 

8. Registration — Wisconsin is one of the States in 
which voters must be registered in order to be allowed to 
vote (Y. C. B., p. 30). The registration laws, however, 
apply only to cities having a population of over three 
thousand, to incorporated villages, of over fifteen hun- 
dred inhabitants, in which by law separate elections are 
held, to towns containing villages of fifteen hundred in- 
habitants, provided the villages do not hold separate 
elections, and all towns, any part of which shall have 
been embraced in any part of any city or village in 
which registration is required. 

9. IncapaWes, Insane Persons, Traitors, Felons — Tlie suf- 
frage is denied to all persons under guardianship, non 
compos mentis^ or insane, and to all traitors and felons 
(27). An adult may be placed under guardianship on 
account of incapacity to take care of liimself arising from 
habitual drunkenness or any other cause. Tlie denial of 
the suffrage to all these classes is simple common-sense. 
Those incapable of managing themselves are manifestly 
incapable of helping to manage the State, and enemies of 
the social order should not help to direct its affairs. 



SUFFRAGE 329 

10. Bribers, Duelists, Betters — The suffrage is denied, 
also, to all persons convicted of bribery (31), and to all 
persons engaged in dueling eitlier as principals or acces- 
sories (131). All persons interested directly or in- 
directly, in any election bet, are deprived of the right to 
vote at that election (31). 

11. Paupers— Paupers, as such, are not excluded from 
the right of suffrage. 

12. Ballots — All 5^oting must be by ballot Avith such 
exceptions, in tlie case of town officers, as the law may 
direct or allow (28). 

13. Description of Ballots — All ballots are provided at 
public expense. They contain the names of all the can- 
didates of all the parties. The names of the offices for 
which the candidates are running are plainly indicated, 
and the names of candidates of tlie several parties are 
arranged in separate columns, each set under its proper 
party name. Just under the party name, tliere is a little 
square, and to the right of each separate name there is 
a similar square. 

14. Manner of Voting—At the voting place, the ballots 
are kept in an enclosure, behind a railing, by two 
officers appointed for that purpose, called ballot clerks. 
The voter enters the enclosure through a gate and re- 
ceives a ballot from one of these clerks. He then pro- 
ceeds to a stall, or booth — one of a number of such, all 
quite screened from one another. In the booth he finds 
a pencil and simple printed instructions how to prepare 
his ballot. If he wishes to vote a straight party ticket 
— the Republican, for example, he makes a cross (x) in 
the little square at the head of the column headed 
" Republican." By that one cross (x) lie votes for every 
candidate in the column. If he wislies to vote for can- 
didates of different parties he makes a cross (x) at the 



330 WISCONBIM 

right of the name of every candidate for whom he 
wishes to vote. If he does not wish to vote for any of 
the candidates named in the ballot, he may write such 
names as he pleases in blank lines left for that purpose, 
and place a cross (x) opposite each name. In this way he 
ma}^ vote for a full set of candidates of his own choos- 
ing. Having prepared his ballot, he hands it to one of 
the inspectors of election, giving his name. If he is reg- 
istered, the inspector drops the ballot into the box, the 
clerks check off his name on the list and register him in 
another list, as having voted. He then passes out of 
the enclosure by another opening and withdraws. 

15. Sample Ballot — Appended is a fac-sioiile of the of- 
ficial ballot of the second ward of the city of Whitewater 
used in the general election held November 8, 1892. 
It has been modified in size to fit this book. 

Chapter VII. — Legislative. 

1. Two-chambered— Like all the other States, and the 
United States, Wisconsin has a two-chambered legis- 
lature (32).* 

2. Number of Members — The number of senators is 
thirty-three, of assemblymen, one hundred — the larg- 
est numbers possible under the constitution (33). 

3. State and U. S. Censuses — In every year ending in 

* One of the main questions of English politics, at present (July, 
1895) is the abolition of the House of Lords. In the United States 
there has been considerable discussion of the question of abolishing 
the senate. There was only one chamber under the articles of Con- 
federation. The Confederate States of America had but one. In the 
building of the new States it is quite probable, that two-chambered 
legislatures have been retained more in a spirit of conservatism than 
as the result of any original study of sound principles of government. 
Still, there are very many weighty arguments in favor of the 
two chambers. 



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LEGISLATIVE 331 

0, a census is taken by United States authority. In 
every year ending in 5 a census is taken by State 
authority. At the first session after a census is taken, 
the legislature is required to district the State into 
Senate and Assembly districts (34). Tliere is, there- 
fore, an apportionment every five years. 

4. Directions for Apportioning — Tlie constitution pro- 
vides that these districts shall be made according to 
population (34) ; that the boundaries of assembly 
districts shall be countj^, precinct, town, or ward lines 
(35) ; that no assembly districts shall be divided in 
making senate districts (35) ; that districts shall be of 
contiguous territory (35). 

5. Unconstitutional Apportionments — It is doubtful if 
there has ever been a constitutional apportionment in 
the liistory of the State. Gerrymandering has been 
done by both the political parties that have liad control of 
the State legislature, and with pretty nearly equal skill. 

6. Decision of Supreme Court — The apportionment made 
by the legislature of 1891 was set aside by the Supreme 
Court as unconstitutional. A second apportionment 
made by the same legislature at a special session, met 
the same fate. The present apportionment was made 
at a second special session. 

7. Effect of These Decisions — These judicial rebukes of 
gerrymandering have given great satisfaction to the 
people of the State. They have also been regarded as 
hopeful signs, in the other States, where gerrymandering 
has been quite as common and unblushing as it ever 
was in Wisconsin. In the future, we may safely hope, 
apportionments will be made watli more attention to 
plain constitutional requirements. 

8. Present Legislation — In fact, the legislature of 1895, 



332 WISCONSIN" 

provided for the appointment of a joint committee of 
nine members, six assemblymen and three senators, with 
representatives of the minority party of each house in 
the usual proportions. The committee is charged with 
the duty of preparing an apportionment bill in strict 
conformity with constitutional provisions as interpreted 
by the Supreme Court. 

9. Senators and Assemblymen — The senatorial term is 
four years. The senate districts are numbered in regular 
series (36). At the general elections, held on the first 
Tuesday after the first Monday in November, in the 
even numbered years, senators are chosen by single 
districts, alternately from the odd and the even numbered 
districts (36). At the same time assemblymen are 
chosen, by single districts for the term of two years 
(35). 

10. Eligibility — To be eligible to the legislature, a 
person must be a qualified elector of the district he is 
chosen to represent(37). As has been pointed out, this 
admits persons not citizens of the United States. 

11. Powers of Separate Houses: Elections : Cluorum — The 
provisions as to elections, returns and qualifications of 
members, and as to quorum (38) are taken word for 
word from the United States constitution. The legis- 
lature, however, has never been able to put such un- 
certainty of meaning into the expression " a majority of 
each shall constitute a quorum to do business," as has 
the U. S. House of Representatives. 

12. Officers: Rules : Expulsions— Each house chooses its 
own officers (40) except that the lieutenant-governor 
is president of the senate (71). Each house determines 
the rules of its own proceedings and has the power to 
expel members for contempt or disorderly conduct (39). 



LEGISLATIVE 333 

13. Meetings — The legislature meets in Madison in 
regular session, once every two years. The day of 
meeting is the second Wednesday of January after the 
election (42). 

14. Privileges of Members — The privileges of members 
and the restrictions placed upon them (43, 44, 46, 47) 
are nearly identical with similar privileges and restric- 
tions of United States senators and representatives (Y. 
C, B. p. 108). 

15. Vacancies — Vacancies are filled by special elections 
called by the governor (45). 

16. Bills — Any bill may originate in either house 
(50). In Congress, all bills for raising revenue must 
originate in the House of Representatives (Y. C. B., p. 
108), 

17. Salaries — The compensation of members of the 
senate and assembly is five hundred dollars, for each 
regular session, and mileage at the rate of ten cents a 
mile in going to and returning from, the same (52). 
There is no extra compensation for attendance at special 
sessions, except the regular allowance for mileage (52). 

18. Town and County Government — There shall be but 
one system of town and county government (54) and 
I he powers of county boards may be prescribed by the 
legislature (53). 

19. County Boards— The county boards at present, are 
made up of the chairmen of the several town boards 
in the county, one member from each incorporated 
village, and one from each ward of each city. The 
boards meet annually on the Tuesday next succeeding 
the second Monday of November. They are very im- 
portant bodies, clothed witli large powers, tliough the 
student should notice that they have no implied powers. 



334 WISCONSIN 

All their powers are conferred upon them by the legis- 
lature. These powers may be increased or diminished, 
at the pleasure of the legislature. 

20. Powers — Among their other powers the county 
board may, — 

a. Settle and examine all the accounts of the county. 

b. Apportion and order the levying of taxes. 
C. Make lists of jurors. 

d. Build, and keep in repair, the county buildings. 

e. Organize, and change the boundaries of towns. 

f. Incorporate literary, benevolent, charitable and 
scientific institutions. 

g. Change the name of any town or village or .person 
in the county. 

li. Appropriate a sum of money not exceeding ten 
thousand dollars for a soldiers' monument. 
i. Fix the salaries of county officers. 

21. Suits Against the State — The eleventh amendment 
to the United States constitution, provides that no citizen 
of any State can sue another State in the United States 
Courts ( Y. C. B., p. 123). The State constitution directs 
the legislature to determine by law, in what manner 
and in what court suits may be brought against the 
State (58). All such claims must first be presented to 
the legislature. Should the legislature refuse to allow 
the claim, the suitor may prosecute it in the Supreme 
Court of the State. The State in such suits is defended 
by the attorney-general. 

22. Official Oaths — Members of the legislature, and all 
State, county, and town officers, must make an official 
oath, or affirmation, to support the constitution of the 
United States and the constitution of the State (59). 

23. Wisconsin National Guard — The State militia is now 



LEGISLATIVE 335 

known as the Wisconsin National Guard. It consists of 
four regiments of infantry, one troop of cavalry and one 
battery of light artillery, in all 2,445 men (60). It is 
in a state of great efficiency.* 

24. Private and Local Laws — The legislature used to be 
burdened witli a great number of private and local 
measures. In 1875, the constitution was amended so 
as to prohibit the legislature from enacting any such 
laws in nine very important cases (62). In 1892, by 
another amendment, the legislature was still further 
restricted. No special laws can now be passed for in- 
corporating any city or amending its charter (62). The 
people directed the legislature to provide for these 
cases by general laws and tlie legislature has done so 
(63). 

25. Powers Given to County Boards — Many of these 
powers are now exercised by the county boards, under 
authority conferred upon them by general acts of the 
legislature. 

26. Cities Classified — By a general act the cities of the 
State are divided into four classes. Cities of one hun- 
dred fifty thousand inhabitants, or over, constitute the 
first class. Milwaukee is the only city of the class. 
Cities of forty thousand inhabitants, or over, but 



* While this is being written (July 1895), United States soldiers — cav- 
alry and artillery — to the number of 200 men are marching from Camp 
Sheridan, near Chicago, to Camp Douglas, in Juneau Co. These United 
States forces are ordered to camp at Camp Douglas during the annual 
encampment of the Wisconsin Xational Guard, in order to instruct 
the Wisconsin forces in the United States discipline prescribed by 
Congress (Y.C.B., p. 110). Great standing armies are a menace to the 
liberties of the people, but every people should foster enough of the 
war spirit to make them secure from invasion. All members of the 
Wisconsin ;N"ational Guard are volunteers. 



336 WISCONSIN 

less than one hundred fifty thousand, constitute the 
second class. There are no cities of this class, at pres- 
ent. Cities of ten thousand inhabitants, or over, but 
under forty thousand, constitute tlie third class. Cities 
of fifteen hundred inhabitants, or over, but under ten 
thousand, constitute the fourth class. 

27. General Charters for Cities — There is a general 
charter, with special provisions for each of the separate 
classes of cities. New cities must organize under the 
general charter with the powers of the class to which 
they belong. Cities under special charters may reor- 
ganize under the general charter, but they are not com- 
pelled to do so. If the law had been made to apply to 
cities already existing, there would have been uniform- 
ity in city government, as there is in town and county 
government. The amendment of 1892 has cut off a 
large amount of special legislation. Since the amend- 
ment, no changes can be made in the charter of any 
city, without involving like changes in the charter of 
every other city of the same class. 

28. Sources of Legislative Power — The student will no- 
tice that while there are prohibitions upon the power of 
the legislature, corresponding to, and in many cases iden- 
tical with the prohibitions upon the United States con- 
gress, there is no enumeration of the powers of the legisla- 
ture, corresponding to the enumeration of the powers of 
congress. The reason is, that congress has no powers 
except those granted by the constitution while the State 
constitution must not be construed as granting power to 
the legislature. It is rather a limitation of the powers 
of the legislature. It is competent for the legislature 
to exercise all legislative power, not forbidden by (a) 
the State constitution, (b) or the United States con- 



COUNTY GOVERNMENT 337 

stitution, or (c) delegated to congress.* In other words, 
congress may do anything it is authorized to do ; the 
State legislature may do anything it is wot forbidden to 
do. 

Chapter VIII. — Couxty Government 

1. County Le^slatnre — As we have seen, the county 
board is the legislative arm of the county government. 

2. Sheriff and Coroner — Executive Officers — The execu- 
tive officers are the sheriff and the coroner (77). 

3. Administrative officers — The administrative officers 
are the clerk, treasurer, register of deeds, surveyor, dis- 
trict attorney and school superintendent. 

4. Judicial Officers — The judicial officers are the county 
judge, the clerk of the court, and the court com- 
missioners. 

5. When Elected— Terms of Office — All county officers 
are elected at the general elections in November, for the 
term of two years, except the county judge, elected at 
the spring elections in April for four years, and the 
court commissioners, appointed by the circuit judge and 
holding office during the term of the judge appointing 
them. 

6. Duties of Sheriff — The duties of the sheriff previously 
given (Y. C. B., p. 54) apply to Wisconsin. He appoints 
an undersheriff and a number of deputy sheriffs, for 
whose official acts he is responsible. He is ineligible for 
re-election for two j'ears after the close of his term (77). 

7. Duties of Coroner — The office of coroner in Wis- 
consin is peculiar. Inquests are usually held by justices 
of the peace, though in all counties the coroner may 

*Bnshnell v. Beloit, 10 Wis. 195. 

22 



338 WISCONSIN 

hold them, and in counties of over ninety-five thousand 
inhabitants he is required to hold them. He acts as 
sheriff when there is a vacancy in that office, and when 
the sheriff is a litigant. 

8. Duties of County Clerk — The county clerk keeps a 
record of the transactions of the county board. He 
signs all orders on the county treasurer, and keeps a 
list of all orders drawn. He reports on oath, to the 
county board at their annual meeting all moneys re- 
ceived and disbursed by him. He has various other 
duties. 

9. Duties of Treasurer — The treasurer takes charge of 
all the money of the county. 

10. Duties of Register of Deeds — The register of deeds, 
in some States, called the recorder (Y.C.B., p. 54), keeps a 
record of births, deaths, and marriages in his county. He 
records all deeds, real-estate mortgages, city and village 
plats, certificates of organization of corporations, and- 
quite a number of other legal papers. He is obliged to 
furnish certified copies of any of these records to any per- 
sons asking for them and tendering the fee fixed by law. 

11. Duties of Surveyor — The county surveyor makes all 
surveys required of him by any court, or by any individ- 
ual or corporation. He keeps a record of the plats, and 
field notes of all his surveys, and furnishes copies of 
any of the records of his office. His fees are fixed by 
law. 

12. Duties of District Attorney — The duties of the dis- 
trict attorney already explained (Y. C. B., p. 55) apply 
to Wisconsin. 

13. Duties of Superintendent of Schools — The county 
superintendent examines teachers and issues certificates 
to them. He has general supervision of all of the common 



TOWN GOVERNMENT 339 

schools of the county not under city boards of educa- 
tion. 

14. Duties of County Judge —One principal duty of 
the county judge is the probate of wills. Probate 
courts have been abolished by the legislature (92), and 
their powers conferred upon the county courts. The 
count}" judge has also many otlier duties. 

15. Duties of Clerk of the Court— The clerk of the court 
is the clerk of the Circuit Court. He is not an officer of 
the county court, except for the purpose of certifying 
to copies and transcripts of all the records and files of 
the county court, to be used outside of the State. He 
keeps all the records, books, and papers of the circuit 
court. He keeps a record of all the judgments and 
orders of the court. He keeps a court record including 
a list of all the cases tried in the court, with the names 
of the parties, designated as plaintiffs or defendants, the 
names of the attorneys of the respective parties, a brief 
statement of the nature of the suit, and how it was dis- 
posed of. He keeps a similar record of all criminal pro- 
ceedings. He keeps a list of the names of all persons 
admitted to United States citizenship by the court. 
His fees are determined by law. 

16. Duties of Court Commissioners — Court commissioners 
have all the powers of circuit judges '' at chambers," 
tliat is, when not engaged in holding court. 

Chapter IX. — Town Government 

1. The Town a Pure Democracy — On account of the large 
New England element in the State, the town has re- 
tained many of the features of the New England town- 
ship. It is a very close approach to a pure democracy. 
The people meet in town-meeting every spring, on the 



340 WISCONSIN 

first Tuesday of April, and legislate upon such matters 
as voting taxes for schools, roads, bridges, and the care 
of the poor as they see fit. All the town officers report 
to the people at this meeting and officers are elected 
for the next year. 

2. Town Board — The town board of supervisors con- 
sists of three members, one of whom is designated chair- 
man, and, as we have seen, serves on the county board. 
The town board enforces the orders of the people at the 
spring election. It has control of all the property of 
the town. It forms and alters school districts and fills 
vacancies in town offices. The members of the board 
are the inspectors of elections, and together with the 
town clerk and the assessor they form the town board 
of review of assessments for taxes. Tlie board lias a 
wide range of important duties. 

3. Town Clerk — The town clerk is the secretary of the 
town board. He keeps a record of all the proceedings 
of the board, and an account of all moneys received and 
paid out. He is clerk of all town meetings also. He 
has the custody of all chattel mortgages. 

4. Town Treasurer — The town treasurer receives and 
pays out the money of the town. He is also tax collector. 

5. Assessor : Boards of Review — The assessor makes a 
list of all the taxable property of the town, both real and 
personal, and puts a value upon it. At the meetings of 
the board of review, spoken of above, any one aggrieved 
may appear and show cause why the valuation of any 
property should be changed. When the work of the 
board of review is completed the assessment is said to 
be equalized. It may be noted here, that the county 
board constitutes a board of equalization as between the 
different towns of the county, and the secretary of State, 



EXECUTIVE 341 

State treasurer, and attorney-general, constitute a State 
board of equalization as between the different counties 
of the State. 

6. ConstaWes — The constables, of whom there are not 
more than three in each town, are the ministerial officers 
of justices of the peace. They may be required by the 
sheriff to attend upon the sessions of the Circuit Court. 
They may serve any legal process within their county 
wlien so directed bj^ any court. 

7. Justices of the Peace — There are four justices of the 
peace in each town. The term of office is two years. 
They are judicial officers with jurisdiction co-extensive 
with the county, in civil cases where the amount in 
controversy does not exceed two hundred dollars, and 
of criminal cases where the punishment does not exceed 
six months' imprisonment in the county jail or a fine 
of five hundred dollars, or both. They may administer 
oaths, take acknowledgments, solemnize marriages and 
have many other powers. 

Chapter X. — Executive. 

1. Governor and Lieutenant-Governor — The executive 
power is vested in a governor who, together with a lieu- 
tenant-governor, is elected for a term of two years by 
the qualified electors of the State (64). The qualifica- 
tions for both offices are the same as for other non- 
judicial State offices, except that United States citizen- 
ship is added (65). 

2. How Elected — A majority vote is not required for 
these, or any other state offices. The candidate receiv- 
ing more votes than any other, is elected. In case of 
a tie, the legislature, in joint session, chooses by ballot 



342 WISCONSIN 

one of the persons having an equal and the highest num- 
ber of votes (66). 

3. Powers of Governor — The governor is commander-in- 
chief of the military and naval forces of the State. He 
may call special sessions of the legislature and may 
convene it for certain reasons at other places than Madi- 
son. He sends to every sessiv^n of the legislature, a 
paper called the governor's message, giving the condi- 
tion of the State and making such recommendations 
as seem to him expedient. He transacts the business 
of the state with all the civil and military officers. He 
expedites all measures resolved upon by the legislature, 
and sees that the laws are faithfully executed (67). 
His compensation is five thousand dollars a j^ear (68). 
He may grant pardons and reprieves except in cases of 
treason and impeachment (69). The manner of mak- 
ing applications for pardons is prescribed by law, and 
the governor is required to communicate annually to 
the legislature each case pardoned with the name of the 
convict, and his reasons for pardoning him (69). It 
must be somewhat difficult for the governor to comply 
with this constitutional requirement since the legis- 
lature meets only once in two years. Like the president, 
he has the veto power, and under almost identical re- 
strictions (Y. C. B., p. 139.) (73). When the office be- 
comes vacant, the lieutenant-governor becomes gover- 
nor (70). 

4. How Bills become Laws — The provisions of the con- 
stitution prescribing how bills may become laws are 
taken from the United States constitution with only 
very slight variations (Y. C. B., p. 139.) (73). 



ADMINISTRATIVE 343 



Chapter XI. — Admikistratiye 

1. Departments — There are only three departments in 
the United States government — legislative, executive 
and judicial. All administrative officers are officers of 
the executive. This is not true in the state govern- 
ment. The president has a cabinet of official advisers 
in the heads of the great departments. The governor 
has no such cabinet. 

OFFICERS ELECTED BY THE PEOPLE FOR TWO YEARS 

2. The Secretary of State, who keeps the records of the 
official acts of the legislative and executive departments, 
acts as State auditor, and performs many other duties 
assigned him by law (76). His yearly compensation 
is $5000. 

3. The Treasurer, who takes care of the moneys of the 
State and has many other duties (76). Salary $5000. 

4. The Attorney-General, who is the legal advisor of 
the State officers and the lawyer of the State (76). 
Salary, $3000. 

5. The State Superintendent, who has charge of pub- 
lic instruction (115 and note). Salary, $1200. 

6. The Railroad Commissioner, who inquires into any 
neglect or violation of the laws by railroad corporations, 
and examines the condition and equipments of all the 
railroads of the State with relation to public safety. He 
collects statistics as to the actual cost, receipts, expendi- 
tures, and net earnings of railroads, reports the same to 
the State treasurer, and publishes every year a railroad 
map of the State. Salary, $3000. 



344 WISCONSIN 

7. The Insurance Commissioner, who has general super- 
intendence of all insurance companies doing business 
in the State and authority to inquire into their financial 
standing, to require tliem to report to him such facts as 
he may require, and to see that they obey the State in- 
surance laws. Salary, $3000. 

OFFICERS APPOINTED BY THE GOVERNOR 

8. The Commissioner of Labor, Census, and Industrial 
Statistics, whose duty it is to collect and collate statistics 
relating to the manufactures, industrial classes, and 
material resources of the State, to examine into the 
relations between capital and labor, the means of escape 
from fire, protection of life and health in factories and 
worksliops, the educational, sanitary, moral and financial 
condition of laborers and artisans, and other kindred 
subjects. The person appointed by the governor must 
be approved by tlie senate in order to hold the office. 
Salary, $2000. 

9. The Adjutant-General is the governor's chief of 
Staff and inspector-general. He has custody of all the 
military records of the State and acts as State pension 
agent, to assist residents of Wisconsin liaving claims 
against tlie United States on account of service in the 
\7ar of the rebellion, in proving their claims. Salary, 
12000. 

10. The ftuartermaster-General is commissary-general 
and chief of ordnance. He has charge of all the military 
property of the State, including the battle-flags, brought 
back from the war. 

11. The Superintendent of Puhlic Property has charge of 
the capitol and the public grounds around the same. 
With the advice of the governor, he employs and fixes 



ADMINISTRATIVE 345 

the compensation of all workmen needed to keep the 
capitol and public grounds in a proper state of cleanli- 
ness and repair. Under the direction and control of 
the governor, he purchases all fuel, furniture, fixtures, 
carpets, gas or other articles or things required for use 
in and about the capitol for State purposes, except 
stationery. He is required by law to advertise for bids 
for furnishing stationery, in two newspapers in each of 
the cities of Madison, Milwaukee and Chicago, and to 
let the contract to the lowest bidder. This station- 
ery is furnished to the legislature, and to the governor 
and otlier State officers. The superintendent must 
charge himself with all stationerj^ purchased, and ac- 
count for all of it, in the annual report he is required 
to make to the governor. Salary, $2000. 

12. The State Treasury Agent collects State licenses from 
peddlers, traveling showmen, transient merchants and 
others. He is allowed as compensation for his services 
and the services of his assistants, one fourth of all the 
moneys collected. 

13. The State Supervisor of Inspectors of Illuminating Oils 
is appointed by the governor by and with the advice and 
consent of the senate. Tlie State is divided into fifty- 
two districts with an inspector in each district appointed 
by the supervisor and responsible to him. It is tlie 
duty of the inspectors to examine and test all illumi- 
nating oils offered for sale in the State and to forbid 
the sale of all oils that do not stand the test. Salary of 
supervisor, two cents on each barrel of oil inspected, but 
not more than $ 3000 altogether. 

14. Dairy and Food Commissioner — The governor, by 
and with the advice and consent of the senate appoints 
a dairy and food commissioner, at a salary of $2500. 



346 WISCONSIN 

The commissioner, with the consent and advice of the 
governor, appoints two assistants, one of whom shall be 
an expert in the matter of dairy products, and the other 
a practical analytical chemist, whose salaries shall not 
exceed $1800 each. It is made the duty of the com- 
missioner to enforce the laws against the adulteration 
of foods, drinks, and drugs, and to inspect any article 
of milk, butter, cheese, lard, syrup, coffee, or tea or 
other article of food, drink,or drug, made or offered for 
sale in the State which he may suspect to be impure, 
unhealthful, or adulterated,or counterfeit, and to cause 
to be prosecuted tliose manufacturing or selling such 
articles. 

BOARDS. 

Much of the business of the State is done through 
boards. The principal of these are the following : 

15. Trustees of State Library — The justices of the 
Supreme Court and the attorney-general are ex officio 
trustees of the State library. They appoint a librarian 
to take charge of the library under rules and regulations 
prescribed by law. His salary is $2000. 

16. Commissioners of Public Lands — The secretary of 
State, treasurer, and attorney-general are made commis- 
sioners of public lands, by the constitution (121, 122). 
They sell school and university lands, and see that the 
proceeds are kept safely invested. 

17. The Board of Regents of the University of Wisconsin 
consists of fifteen members. Two — the State super- 
intendent of education and the president of the univer- 
sity — are members, ex officio. The others are appointed 
by the governor for terms of three years, — one mem- 
ber from each of the ten congressional districts of the 



ADMINISTRATIVE 347 

State and two from the State at large. The appointed 
members are classified so that the terms of the members 
of some one class expire every year, and the other two 
classes hold over. The Board is intrusted with the 
government of the University of Wisconsin, at Madison. 

18. The Board of Regents of Normal Schools consists of 
eleven members. Two — the governor and the State 
superintendent of education — are members ex officio. The 
others are appointed by the governor, by and with the 
advice and consent of the senate. The term of office is 
three years, and the members are classified in the same 
manner as the members of the Board of Regents of the 
University. This board is intrusted with the govern- 
ment of the normal schools of the State located at Platte- 
ville, Whitewater, Oshkosh, River Falls, Milwaukee and 
Stevens Point. The seventh school will be opened at 
West Superior in the city of Superior, in the fall of 
1896. The state treasurer is ex o^ci^, treasurer of both 
these boards. 

19. The State Board of Health and Vital Statistics is com- 
posed of seven members appointed by the governor for 
seven years each. The term of one member expires 
each year. The law directs that this board shall "make 
sanitary investigation and inquiries respecting the 
causes of disease, especially epidemics, the causes of 
mortality and the effects of localities, employments^ 
conditions, habits and circumstances, and shall diffuse 
such information among tlie people of the State." The 
board has an advisory relation to all local boards of 
health. 

20. Local Boards of Health — The organization of such 
local boards is made obligatory in everj^ town, village, 
and city in the State. Every practicing physician is 



348 WISCONSIN 

compelled by law to report all cases of contagious dis- 
eases arising in his practice, to his local board. The 
local board must then report the cases to the State 
board. 

21. ttuarantine Rules— The State board has charge of 
all matters relating to general quarantine, and has au- 
thority to make rules and regulations for the protection 
of the public health, which it becomes the duty of all 
local and general officers of the State to respect and en- 
force. This machinery is well organized, and makes it- 
self effective in the prevention of disease and the protec- 
tion of the health and lives of the people. 

22. Compensation — The members of the state board 
serve without pay. The secretary receives a salary 
fixed by the board. Members of local boards also 
serve without pay, except that the health officer receives 
a salary fixed by the local authoi'ities. 

23. Annual Appropriation— The State makes an annual 
appropriation of $5,500 to defray the expenses of the 
board. 

24. The Commissioners of Fisheries constitute a board 
consisting of eight members, composed as follows : 

a. The governor while in office. 

b. Six commissioners to be appointed by him, and 
with the consent of the senate. 

C. The professor of zoology in the University of Wis- 
consin, for the time being, shall be, ex officio^ a member 
of said commission. The six appointed members liold 
office for six years each, one member going out of office 
each year. 

25. Powers and Duties — The powers and duties of the 
commission are, in part, as follows : 

a. The propagation and breeding of fish. 



ABMINISTRA TIVE 849 

b. The collection and diffusion of information about 
the propagation and preservation of fish. 

C. The government and control of State hatcheries. 
Tliere are two State hatcheries — one near Madison, for 
the hatching of brook trout, California trout and carp, 
the other at Milwaukee for hatching Avhite-fish and 
wall-eyed pike. Th3 le-Tfislature of 1895 provided for 
an additional hatchery to be located in the north half of 
the State, and increased the annual appropriation for 
the support of the work of the commission to $20,000. 
The new hatchery has been located at Bayfield. 

d. Receiving of spawn and fry from the United States. 

e. The right to take fish at all seasons of the year, 
from all public waters, for artificial propagation. 

f. The preservation of fish and game, through the en- 
forcement of the fish and game laws, and otherwise. 

26. Superintendent of Fisheries — The commissioners 
appoint a superintendent of fisheries at a salary not to 
exceed $2,000. His duties are defined by law. He has 
charge of the liatcheries and the fisli-car used in distrib- 
uting fry. 

27. State Fish and Game Warden — The governor is re- 
quired by law to appoint a State fish and game warden, 
whose term of office shall be two years, and whose sal- 
ary shall be $1,800, and necessary expenses. The State 
fish and game warden shall act as secretary to the com- 
missioners of fisheries. He is clothed with very large 
powers in the enforcement of the fish and game laws, 
and in the confiscation of all nets, snares, traps and 
other contrivances used in the violation of the law. He 
and his deputies have power to execute all warrants 
and processes for tlie arrest of violators of the law, and 



350 wiscoNsiir 

all sheriffs, constables, and police ofJ&cers are by law re- 
quired to arrest them when called upon to do so. 

28. Deputies — The fish and game warden appoints 
such a number of deputies as the commissioners may 
deem necessary, but not to exceed two in each county. 

29. Wisdom of the Policy of the State — Wisconsin is 
noted for the great number of its lakes, and streams of 
pure cold water. It has long been a favorite resort 
of the angler and the hunter. Thousands of people 
from outside of the State are attracted hither every 
summer. But, great as the fishing interests of the State 
are, from the standpoint of the sportsman, they are still 
greater as a source of food supply for the people. The 
State is very wise in caring for this important interest 
so thoroughly. 

30. The State Board of Control consists of five members 
appointed by tlie governor and confirmed by the senate. 
The term of office is five years, and one member goes 
out of office each year. The salary is $2,000. 

31. Powers and Duties — This board has control of all 
the State charitable and penal institutions, which are : 

a. The State Hospital for the Insane, near Madison. 

b. The Northern Hospital for the Insane, near Osh- 
kosh. 

c. The State Prison, at Waupun. 

d. The Industrial School for Boys, at Waukesha. 

e. The School for the Deaf and Dumb, at Delavan. 

f. The School for the Blind, at Janesville. 

g. The State School for Dependent Children, at 
Sparta. 

32. School for the Feeble-Minded — The legislature of 
1895 provided for an institution for the care, custody, 
and training of the feeble-minded, epileptic and idiotic 



ADMINISTRATIVE 351 

to be known as the "Wisconsin Home for Feeble- 
minded." This institution has been located by the 
board at Chippewa Falls. A liberal appropriation of 
$100,000 has been made for it. 

33. Other Institutions Supervised by the Board — Besides 
the State institutions the board has under its inspection 
4 semi-state institutions, 22 county insane asylums, 68 
jails, 49 poor-houses, 50 private benevolent institutions, 
and 198 police stations and lockups. 

34. The State Board of Pharmacy consists of five mem- 
bers, who must be resident pharmacists, appointed by the 
governor, for terms of five years. The governor is re- 
stricted in the choice of members, to pharmacists 
recommended to him by the Wisconsin Pharmaceutical 
Association. The association recommends three persons 
annually, and any one who has ever been recommended 
is eligible. 

35. Powers and Duties— This board holds examinations, 
and grants licenses to pharmacists and pharmacists' 
assistants to sell poisons, drugs and medicines, and com- 
pound and dispense prescriptions. All other persons 
are forbidden by law, under heavy penalties, to engage 
in the business. A recent decision in an important 
test case, shows that the courts are disposed to con- 
strue the law prescribing the duties of this board with 
great strictness. 

36. Compensation — The members of the board get $5 
a day for all time actually spent in the performance of 
their duties. 

37. The Board of Dental Examiners consists of five 
practicing dentists appointed by the governor for terms 
of five years. The duties of the board are similar to 
those of the State Board of Pharmacy. All persons 



352 WISCONSIN 

practicing dentistry must be licensed and registered. 
Licenses are obtained through examinations, held by 
the board, or upon diplomas of reputable dental 
colleges, submitted to the board. The members of the 
board are paid by fees collected from candidates ex- 
amined. 

38. The State Board of Examiners for Teachers' State 
Certificates consists of three members appointed annually 
by the State superintendent. It is the duty of the 
board to examine candidates for State certificates. The 
limited State certificate makes the holder a legally qual- 
ified teacher for the term of five years. The unlimited 
qualifies for life. The county superintendent's cer- 
tificate qualifies for the office of county superintendent, 
and is a life certificate to teach. Tliese certificates are 
issued by the State superintendent on the recommenda- 
tion of the board. Holders of diplomas of State normal 
schools, colleges and universities, other than the 
Wisconsin normal schools and the University of 
Wisconsin, may submit their diplomas to the board, 
together with proof of good moral character and success 
in teaching. When it appears to the satisfaction of the 
board that the courses of study of these institutions are 
fully and fairly equivalent to similar courses of the 
Wisconsin State institutions, the diplomas may be coun- 
tersigned by the State superintendent. Such counter- 
signature makes them unlimited State certificates. 
Holders of the State certificates of other States obtained 
by examination, may, in a similar way, get their cer- 
tificates countersigned. The members of the board get 
$5 a day for time actually spent in their duties. 

39. Admission to the Bar — The State Board of Ex- 
aminers for Admission to the Bar consists of five mem- 



ADMINISTRATIVE 353 

bers appointed annually by the Supreme Court. The 
certificate of the board licenses the holder to practice in 
the courts of Wisconsin. The members of the board 
are paid $10 a day for time spent in their duties. 

40. The State Board of Deposits consists of the governor, 
the secretary of State, the treasurer, and the attorney- 
general. It is the duty of the board to designate banks 
in which the public funds may be deposited. Should 
any bank fail, the loss of the public money, if there 
is any, falls upon the State. Should any interest be 
paid, it accrues to the State. 

41. State Board of Arbitration — A new board provided 
for by the legislature of 1895 is known as the State 
Board of Arbitration and Conciliation. It consists of 
three members appointed bj^ the governor. One member 
must be an employer of labor, or selected by some as- 
sociation representing employers of labor. One must 
be selected by some labor organization and must not be 
an employer of labor. The third is appointed upon the 
recommendation of the other two, provided they agree- 
If they do not agree, the governor appoints without 
recommendation. 

42. Powers and Duties — Whenever any controversy 
exists between any employer of labor and his emploj^es, 
to the number of twenty-five, or more, and application 
is made by the employer, or by a majority of the em- 
ployes, it becomes the duty of the board to visit the 
locality of the dispute, make careful inquiry into the 
cause thereof, hear all the parties in interest who may 
appear to give testimony, and advise what should be 
done to adjust the dispute. Decisions of the board 

must be in writing, and must be open to the public. 
23 



354 WISCONSIN 

Decisions are binding upon the parties to the dispute 
for six months. 

43. Local Boards — The law creating this board pro- 
vides also for local boards of arbitration with powers 
similar to those of the State board. 

44. Tribunals of Conciliation — The constitution pro- 
vides for " tribunals of conciliation," and says that the 
legislature shall pass laws defining their powers and 
duties (94). This duty the legislature has so far 
failed to perform. It is quite certain that many law- 
suits might be prevented, as well as many strikes and 
lockouts, with their resulting expense, suffering and 
hatred, by a spirit of conciliation in the beginning of 
the trouble. The constitutional provision seems a very 
wise one. 

45. Board of Immigration — The governor, the secre- 
tary of State and three other persons appointed by the 
governor, constitute the Board of Immigration. The 
members serve without pay, but are allowed necessary 
traveling expenses. It is the dut}'- of this board 
" to enhance and encourage immigration to this State." 
It has authority to collect and disseminate useful infor- 
mation concerning the climate, soil, product, popula- 
tion, and agricultural, mineral and other resources and 
advantages of the state. An annual appropriation of 
$5,000 is made for the work of the board. 

Chapter XII. — Judiciaey. 

1. Impeachments — The provisions of the constitution 
in regard to impeachments and impeachment trials are 
copied from the United States constitution (Y. C. B., 
pp. 105, 106, 115). The framers of the constitution did 



JUDICIARY 355 

not even change the name "' house of representatives " 
to " assembly " — a singular piece of carelessness (T8). 

2. Definitions — The terms used in the section on im- 
peachments have been defined in Y. C. B.,pp. 78 and 79. 

3. Who May be Impeached —AH the civil officers of 
the State may be impeached for corrupt conduct in 
office or for crimes and misdemeanors (78). 

4. Assembly Impeaches — Impeachments are made by 
the assembly, but a majority of all the members elected 
must concur (78). 

5. Senate Tries Impeachments — The senate tries all 
impeachments made by the assembly, but the mem- 
bers, when they organize as a court, must take a 
new oath, or affirmation, to try the case impartially and 
to decide according to the evidence. It requires the 
concurrence of two-thirds of the members present to 
convict (78). Upon conviction, the officer is removed 
from office, and may also be disqualified to hold office 
afterwards (78). 

6. Status of Officers Impeached — When the governor or 
a judge is under impeachment, he is suspended from 
office until acquitted (70-78). Under the United 
States, all impeached officers perform the duties of their 
respective offices until convicted. The same rule holds 
in the State with the two exceptions just noted. The 
common presumption is that an accused person is inno- 
cent and that presumption holds until he is proved 
guilty. The people of Wisconsin demand, however, 
that their governors and judges shall be above sus- 
picion. 

7. Who Presides — The lieutenant-governor, being 
president of the senate, presides at impeachment trials, 
except when the governor is on trial (78). He is then 



356 WISCONSIN 

acting governor (70). Besides, he is an interested 
party in such a trial. 

8. Punishment in Certain Cases— Should the offense for 
which the officer is tried be a criminal as well as a 

k political offense, he may be indicted, tried, convicted, 

and punished, like any other criminal (78). 

9. Impeachment Trial not a Criminal Prosecution An 

impeachment trial is not a criminal prosecution. Con- 
viction cannot be followed by fine or imprisonment, and 
the party convicted is beyond the reach of the govern- 
or's pardoning power (69). The offense is a political 
offense ; the punishment is a political punishment. 

10. One Case of Impeachment — In 1853, Judge Levi 
Hubbell, of the second judicial district, was impeached. 
After a protracted trial he was acquitted. No other 
case has ever arisen in the State. 

11. Independence of State Judicial System — The State 
has a complete judiciary of its own independent of the 
United States system. The common belief that all cases 
may be appealed from the State Supreme Court to the 
United States Supreme Court is very erroneous. Three 
classes of cases may be so appealed. They are : 

a. Where the validity of a treaty, or statute, or an 
authority exercised under the United States was called 
in question, and the decision of the State Court was 
against its validity. 

b. Where the validity of an authority exercised under 
the laws of the State was called in question, on account 
of its being repugnant to the constitution, or laws of 
the United States and the decision of the State Coui t 
was in favor of its validity. 

C. Where any United States right, privilege or im- 



JUBICIABT 357 

munity was claimed and the State Court denied the 
right, privilege or immunity. 

In all other cases, the findings of the State Court are 
final, and the Federal Courts have no jurisdiction over 
them whatever. 

CONCURRENT JURISDICTION OF THE STATE AND THE 
UNITED STATES COURTS 

12. Jurisdiction — In nearly all the cases enumerated in 
Article III., Section 2, Clause 1 (Y. C. B., p. 116), of 
the United States constitution, the State Courts have 
jurisdiction concurrent with the United States Courts 
(Act of Congress, March 3, 1875). 

13. Exceptions — The United States statutes enumerate 
the following classes of cases as constituting the excep- 
tions to this concurrent jurisdiction. In these cases the 
Federal jurisdiction is exclusive : 

a. All crimes and offenses against the United States. 

b. All suits for penalties and forfeitures incurred 
under United States law. 

C. All civil causes of admiralty and maritime jurisdic- 
tion. 

d. All seizures under United States laws on land or 
on waters not within admiralty and maritime jurisdiction. 

e. Patent right and copyright cases. 

f. Bankruptcy cases, when there is a United States 
bankruptcy law. 

g. All controversies of a civil nature where a State is 
a party except between a State and its citizens, or be- 
tween a State and citizens of other States, or aliens. 

14. Removal to Federal Courts — Although as we have 
seen, cases, as a rule, are not appealable from the State 
Courts to the Federal Courts, any case, over which the 



358 WISCONSIN 

two classes of courts have concurrent jurisdiction, begun 
in a State court may be removed, before trial, to the 
United States Circuit Court for the proper district. It 
can not be removed from the Federal Court to the State 
Court. The removal may be had on the petition of 
either party to the suit. 

15. Both classes of Courts open to Litigants — Tliis means 
tliatboth the State courts and the United States Courts 
are open to litigants. When both parties consent, the 
case may be settled in the State Court. When the plaint- 
iff begins the suit in the State Court and changes his 
mind, or when the defendant prefers the United States 
Court, the case may be removed and settled there. 
Should the plaintiff begin his suit in the United States 
Court, it must be tried there. 

16. Wide Range of Laws Interpreted: Rules — It will be 
seen that judges of tlie State courts must often try cases 
arising under tlie United States constitution and laws, 
and that federal judges must often try cases arising 
under the State constitution and laws. In such cases, 
the state judges must interpret the United States Con- 
stitution and laws as interpreted by the United States 
Supreme Court, if that court has passed upon the ques- 
tion at issue. United States judges in trying cases under 
the State constitution or laws, almost always follow the 
decision of the State Supreme Court if that court has 
passed upon the question at issue. 

17. A Case Supposed — For example, a suit brought in 
a Circuit Court of Wisconsin, by a citizen of Illinois, for 
the recovery of a debt of 15000 or more, upon being 
removed to the United States Circuit Court for the 
proper district, would be tried according to the laws of 
Wisconsin. If judgment should be for the plaintiff. 



JUDICIARY 359 

the defendant citizen of Wisconsin would be entitled 
to all the exemptions from execution granted by the 
statutes of Wisconsin. 

18. Harmonious Relations — In no other department of 
government have the interrelations of State and Federal 
authority been so carefully and perfectly adjusted as in 
the judicial. 

EXCLUSIVE juiiisdictio:n" of state courts 

19. Not all cases Triable in United States Courts — The 

State Courts have jurisdiction exclusive of the Federal 
Courts,of all cases not made triable in the Federal Courts, 
by the United States Constitution (Y. C. B. pp. 183, 184, 
198). These cases cover a very wide range, arising as 
they do under the constitution and laws of the State, 
both common and statute, and embracing all the in- 
numerable differences that arise between man and man. 

the state judicial system 

20. The Judicial Power of the State is vested in (a), 
the Supi'eme Court, (b) seventeen Circuit Courts, 
(c) two Superior Courts, one in Milwaukee and one in 
Superior, (d) County Courts, one in each county, (e) 
Municipal Courts, and (f) Justices' Courts (79). 

21. The Supreme Court — The Supreme Court is com- 
posed of five justices (81) elected by the people in the 
spring for a term of ten years. The term of one justice 
expires every two years. The justice having been 
longest a continuous member of the Court (or, in the 
case of two or more such senior justices having served for 
the same length of time, then the one whose commission 
first expires), shall be ex officio the chief justice (82). 
The salary is $5000. 



360 WISCONSIN 

22. Jurisdiction— The Supreme Court has appellate 
jurisdiction only, except in suits against the State and in 
issuing original and remedial writs (80) such as habeas 
corpus (Y. C. B., p. 88) mandamus^ injunction^ quo war- 
ranto^ and certiorari. 

23. Names of Writs — These writs are named from the 
words with which they used to begin in the days when 
they were written in Latin. 

24. Mandamus — Mandamus means literally we command. 
It is a written order of a Court commanding certain 
things to be done. It is addressed to those whose duty 
it is to do the things commanded. For example, a pub- 
lic officer might refuse to surrender the books and records 
of his office, to his successor. A proper procedure for 
the newly elected officer to adopt would be to apply for 
a writ of mandamus addressed to his predecessor. The 
writ would put him in possession of the office and all 
the books and papers belonging to it. 

25. Injunction — An injunction is defined to be a writ 
framed according to the circumstances of the case, com- 
manding an act which the court regards as essential to 
justice, or restraining an act which it esteems contrary 
to equity and good conscience (Am. Cyc). A sues B 
and gets judgment against him. B afterwards finds 
among his papers a receipt in full for the very debt for 
which A sued him. In such a case the Court would 
enjoin A from executing his judgment, if there were no 
relief for B, in law. Publishers maj^ be enjoined from 
publishing private letters or papers. Holders of prop- 
erty may be enjoined from disposing of it while the 
ownership of it is being determined by judicial pro- 
ceedings. 

26. Certiorari — Certiorari is a writ issued by a higher 



JUDICIARY 361 

court to a lower court, compelling the lower court to 
send up its record of the case in question, tried, or 
pending, in that court. The writ is obtained upon the 
complaint of a party that he has not obtained justice or 
cannot have a fair trial in the lower court. The higher 
court tries the case according to the facts shown in the 
record sent up. The name comes from the words 
certiorari volumuswiih. which the Latin form of the writ 
opens. The words mean we wish to be certified. 

27. duo Warranto— Quo warranto (by what authority) 
is a writ, brought before a proper tribunal, to inquire 
by what warrant a person or a corporation acts, or 
exercises certain powers (Blackstone). In the case 
supposed under mandamus the newly-elected oflScer 
might have proceeded against his predecessor by quo 
warranto. In that case his predecessor would have 
been compelled to appear before the court and show by 
what authority he held his office. If unable to show 
his right to the office he would have been ousted. 

28. Powers Defined — '<- That portion of this section em- 
powering the Supreme Court to issue writs, was designed 
to give it original jurisdiction, in all judicial questions 
affecting the sovereignity of the State, its franchises and 
prerogatives, or the liberties of the people " (35 Wis. 
425). The court does not exercise this authority in 
ordinary cases. 

29. Terms of Supreme Court — The Supreme Court meets 
twice a year at Madison in the capitol, during the months 
of January and August. 

30. Clualifications of Judges — Judges of the Supreme 
Court must be at least twenty-five years of age, citizens 
of the United States, and qualified electors within their 
jurisdictions. They receive no fees, and are ineligible 



362 WISCONSIN 

for all offices of public trust except judicial offices 
(88). 

CIRCUIT COURTS 

31. One Judge for each Circuit — There is a judge for 
each circuit, chosen by the people at the spring elec- 
tions (85). 

32. Term— The term of office is six years, beginning 
on the first Monday in January succeeding the election. 

33. Salary— The salary is 13600 with |400 additional 
to defray traveling expenses. 

34. ftualiflcations — The circuit judges, after their 
election, must reside within their respective jurisdictions, 
and must have all the qualifications of justices of the 
Supreme Court (85, 88). 

35. Eligibility of Judges to Election to Congress — All 
votes cast for a judge of the Supreme, or the Circuit 
Court, by the legislature or the people for any office 
other than a judicial one, are void (88). In spite of 
this provision, the people have in several cases, elected 
circuit judges to the house of representatives, and they 
have always been admitted by that body. Of course, 
they had to resign their judgeships. The United States 
Constitution makes each house the judge of the elections 
returns and qualifications of its own members (Y. C. B., 
p. 107). It also fixes the qualifications for membership 
in each house (Y. C. B., pp. 105, 106). The State cannot 
modify these constitutional requirements. So this part 
of our constitution is void, so far as the offices of United 
States Senator or Representative are concerned. 

36. Jurisdiction — The Circuit Courts have original 
jurisdiction in all matters civil and criminal, within the 
State, not excepted in the constitution and not pro- 



JUDICIARY 363 

hibited by law. They have appellate jurisdiction and 
supervisory control, over all the inferior courts of the 
State. They have power to issue all the original and 
remedial writs which the Supreme Court has power to 
issue (86). 

37. Terms — The terms of the Circuit Court are held at 
the county seats of the different counties. There must 
be two terms a year in each county, and there may be 
more. 

38. Judges may Hold Court for Each Other— It may hap- 
pen that a judge is an interested party in a suit entered 
for trial in his court, or he may be sick at term time. 
For these, and similar reasons, judges may hold court 
for each other (89). 

39. Removal by Address — We have seen that judges 
may be removed from office by impeachment. They 
may also be removed by address of both houses of the 
legislature, but two-thirds of all the members elected to 
each house must concur. The judge must be served 
with a copy of the charges against him, and must be 
given the right to defend himself. On the question of 
removal, the ayes and noes must be entered on the 
journal (91). This is a summary way of removing a 
bad judge. 

40. Address made to Governor — The address is made 
to the governor. On the receipt of the address, the 
governor removes the judge and appoints some one in 
his place to hold the office until his successor is elected 
and qualified (87). 

SUPERTOR COURTS 

41. Superior Court of Milwaukee County — Superior 
courts have been established in Milwaukee and West 



864 WISCONSIN 

Superior, for the counties of Milwaukee and Douglas. 
The Superior Court of Milwaukee county " shall exercise 
powers and jurisdiction in all civil actions and proceed- 
ings in law and equity," with some important excep- 
tions, concurrent with and equal to the jurisdiction of 
the Circuit Court for that county. 

42. Superior Court of Douglas County — Tlie Superior 
Court of Douglas county has powers and jurisdiction 
concurrent with the Circuit Court of Douglas county in 
both criminal and civil matters, with some exceptions 
and limitations. 

43. Authority for these Courts : Powers — The authority 
for the creation of these courts is found in the constitu- 
tion (79). 

COUNTY COURTS 

44. Authority for County Courts : Powers — The consti- 
tution provided for courts of probate in each county, 
but it gave the legislature power to abolish these courts 
and to confer probate powers upon such inferior courts 
as may be established in each county (92 and 79). The 
legislature has exercised this power. It has created 
county courts and conferred all probate powers upon 
them. The county courts have been spoken of in Chap- 
ter VIII. 

MUNICIPAL COURTS 

45. Municipal Courts : Powers — There are municipal 
courts in Milwaukee, Madison, Oshkosh, Eau Claire, 
and many of the other important cities of the State. 
They are created by the legislature in accordance with 
powers conferred by the constitution (79). The num- 
ber of these courts is rapidly increasing, no fewer than 



FINANCE 365 

five having been created by the legislature of 1895. 
Many of them have jurisdiction co-extensive with the 
counties in which they are situated. The constitutional 
limit of their jurisdiction in their municipalities is the 
jurisdiction of the Circuit Courts in their respective cir- 
cuits (79). Within this limit the powers of these courts 
vary widely. They are determined in each case by the 
act of the legislature creating them. 

justices' courts 

46. Powers — Justices' courts are provided for in 
towns, incorporated villages and cities. The powers 
and duties of justices of the peace have already been 
mentioned in Chapter IX. 

Chapter XIII. — Finance 

1. Property Taxable : Uniform Taxation — The constitu- 
tion authorizes the legislature to prescribe what prop- 
erty shall be taxed, and provides that the rule of taxa- 
tion shall be uniform (102). The instructions to as- 
sessors are uniform throughout the State, and town, 
county, and State boards of equalization are provided 
for by law. By these means substantial uniformity is 
secured. This means that the rate of taxation for State 
taxes shall be uniform throughout the State, and that 
the rate for county, city, town and school district taxes 
shall be uniform in the county, city, town, or school 
district. It does not mean that the rate shall be the 
same for purposes of local taxation in any two counties, 
cities, towns, or school districts. The fact is, that the 
rate of local taxation dilfers very widely in different 
places. 



366 WISCONSIN 

2. No Moneys Paid out except in Pursuance of an Appro- 
priation — The State treasurer is forbidden to pay out 
any money except in pursuance of an appropriation by 
law. 

3. Limits for Claims— The legislature is forbidden to 
make any appropriation for the payment of claims 
against the State unless they are filed within six years 
after they accrue. Claims of the United States and 
judgments against the State are excepted (103). 

4. Secretary of State Auditor— The secretary of State is, 
ex officio^ auditor. He requires the claimant in pre- 
senting his claim to state the legislative provision 
authorizing its payment. 

5. State Credit— The credit of the State shall never be 
given or loaned in aid of any individual, association, or 
corporation (104). This is a limitation upon the State. 
It does not deprive the legislature of power to authorize 
municipalities to contract debts. There is no such lim- 
itation as this upon the power of the United States. 
Experience has proved that the policy of the State in 
this respect, is wiser than the policy of the United 
States. 

6. Restrictions upon the Power of Incurring Debt The 

State is forbidden to contract any public debt, except to 
the extent of one hundred thousand dollars, to defray 
extraordinary expenditures (107). It may also borrow 
monej^ to pay the expenses of a defensive war to sup- 
press insurrection. (108). 

7. Expenses, how met — The estimated expenses of each 
year must be met by a State tax for that year. If, for 
any cause, the expenses exceed the income, the deficit 
must be made up the following year (106). 

8. Specific Restrictions. — The State is expressly forbid- 



TBUST FUNDS 367 

den to incur any debt for works of internal improve- 
ment, or even to be a party in carrying on such works. 
It may act as trustee and carry on works of internal 
improvement, for whicli a grant of lands, or other prop- 
erty has been made to it, and may anticipate the reve- 
nues therefrom (111). Tlie Supreme Court has held this 
prohibition to be absolute. A judgment against the 
State for services in defending agents of the State, ap- 
pointed by it to protect lands granted to it, to aid in 
the construction of railroads is declared to be a debt 
within the meaning of this section. 

9. State Credit — No State in the Union has better cred- 
it or higher financial standing than Wisconsin. The 
State debt is in the form of certificates of indebtedness 
to the trust funds. It amounted to 12,251,000. Sept. 
30, 1894. This indebtedness means, simply, that the 
State has borrowed tlie sum named from the trust funds 
and pays interest upon it. In this way the funds are 
safely invested, and the interest is available for the sup- 
port of the objects for which the funds were created. 

Chapter XIV. — Trust Funds 

The principal trust funds of the State are 
1. The School Fund — This fund is composed of: (a) 
The five hundred thousand acres of land given by con- 
gress in aid of the Rock River canal, and, afterwards, 
by the consent of congress, transferred to this fund ; 
(b) section sixteen in each township ; (c) all moneys ac- 
cruing to the State by forfeiture and escheat; (d) all 
penalties for trespass on school lands ; (e) all unspecified 
grants to the State ; (f ) all fines collected in the several 
counties for breach of penal laws ; (g) all moneys paid 



368 WISCONSIN 

as an exemption from military duty ; (h) five per cent, 
of tlie net proceeds of sales of United States public lands. 

2. Amount—This fund, Sept. 30, 1894, amounted to 
$3,418,760.25 with 47,381.47 acres of land still unsold. 

3. How Invested— This fund is kept invested (121) 
and the interest and all other revenues derived from it 
are devoted to the support and maintenance of com- 
mon schools in each school district, and the purchase 
of suitable libraries and apparatus therefor (116). 
The residue shall be appropriated to the support and 
maintenance of academies and normal schools, and suit- 
able libraries and apparatus therefor (116). 

4. The Mill Tax — In order to equalize more perfectly 
the burden of supporting the common schools, the 
legislature of 1885 provided for an annual State tax of 
one mill on the dollar. 

5. Income and Proceeds of Mill Tax — The income from 
the proceeds of the mill tax, and the interest from the 
invested fund, together, aggregated $862,716.40 for the 
fiscal year ending Sept. 30, 1894. 

6. Income How Distributed — The amount of school fund 
income and mill tax in the hands of the State treasurer 
on the first day of June, is annually certified to the 
State superintendent. The State superintendent then 
distributes the money among the several towns and 
cities of the State, for the support of common schools 
therein, in just proportion to the number of children of 
school age resident therein (119). In order to share in 
this money each town and city must raise by local taxa- 
tion annually, a sum equal to its share of the State 
school moneys, and each school district must maintain a 
school for at least six months (118,119 and Sec. 554, An. 
Stat). 



TRUST FUNDS 369 

7. Local Taxation for Schools — The principal school tax 
is raised in each district by local taxation. 

8. Township Library Law — By recent legislation the 
town treasurer of each town is required to withhold 
annually from the State school moneys in his hands, the 
sum of ten cents for each child of school age in his 
town. The town clerk, then, with the advice of the 
county superintendent, expends the money thus with- 
held in purchasing books for a township library, from 
a printed list prepared by the State superintendent. The 
books are then distributed among the several school 
districts of the town. From time to time they are col- 
lected and re-distributed. The township library law, as 
it is called, is working admirably. It is hoped that 
soon the very best literature will be accessible to every 
child in the State. By this act the legislature has used, 
for the first time, its constitutional authority to applj^ 
a part of the income of the school fund for the support 
of school libraries (116). 

9. Academies and Normal Schools not Supported by this 
Income — No part of the income is used for the support 
of academies or normal schools. 

HOBMAIi SCHOOL FUND 

10. Ori^n of Fund — By Act of Congress approved 
Sept. 28, 1850, the United States granted to the State 
all swamp and overflowed public lands within its 
boundaries. The State has divided the proceeds of the 
sales of these lands equally into two funds, called the 
drainage fund and the normal school fund. The drain- 
age fund is expended in draining and reclaiming the 
swamp lands and in constructing roads and bridges over 
them. 

24 



370 WISCONSIN 

11. Normal School Fund — The normal school fund is 
not expended. On Sept. 30, 1894, it amounted to 
11,827,447.46, with 211,911.91, acres of land unsold. 
Like the school fund, it is kept invested by the school- 
land commissioners, and the interest is available for the 
support of the normal schools under the administration 
of the Board of Regents (p.l47). The legislature of 1895 
made a permanent annual appropriation of a tax of one- 
fifth of a mill on each dollar of taxable property in the 
State. The total income for the year ending Sept. 30, 
1894, was $162,131.08. 

UKIYERSITY FUND 

12. Origin of Fund— The University of Wisconsin is 
provided for in the constitution. The proceeds of all 
lands granted to the State by the United States for 
University purposes form a perpetual fund known as the 
" University Fund" (120). 

13. State Tax_By chap. 300, laws of 1883, an annual 
State tax of one-eightli of one mill on the dollar, is pro- 
vided for, and by chap. 241 laws of 1895 a similar ad- 
ditional tax of one-tenth of a mill is levied. 

14. Amount of Fund— On Sept. 30, 1894, the fund 
amounted to $230,663, with 937.4 acres of land unsold. 

15. Amount of Income — The income of the fund, in- 
cluding the proceeds of the permanent State tax, and 
some large special appropriations for building purposes 
and the purchase of real estate, amounted to $470,073,72 
for the year ending Sept. 30, 1894. 

AGRICULTURAL COLLEGE FUND 

16. Origin — By Act of Congress approved July 2, 
1862, two hundred and forty thousand acres of land were 
granted by the United States, to the State, for the pur- 



EDUCATION 371 

pose of supporting an institution of learning, " where 
shall be taught the principles of agriculture and me- 
chanic arts." The University of Wisconsin undertook 
the trust of maintaining such a school, and the College 
of Agriculture is now one of the colleges of the Uni- 
versity. 

17, Amount of Fund— Sept. 30, 1894, this fund 
amounted to $302,355.72 with 243.07 acres of land un- 
sold. 

18. Amount of Income — The income for the year end- 
ing on that date was $27,828.96. 



Chapter XV. Education. 

1. District Schools — The Constitution directs the 
legislature to provide by law for the establishment of 
district schools. These schools must be free to all 
children between the ages of four and twenty, and no 
sectarian instruction shall be allowed therein (117). 

2. District System— There are about a thousand 
organized towns in the State. These towns have been 
divided into school districts, and the people of each 
district control their own school subject to the 
general laws of the State. Annually, on the first 
Monday of July, the people of the district meet to elect 
officers and legislate in school matters for the coming 
j^'ear. Women as well as men are allowed to vote. 

3. District Board— The district board consists of three 
members, director, treasurer and clerk, elected for three 
years, one member going out of office each year. The 
board engages legally qualified teachers, selects text- 
books, makes rules and regulations for the government 



372 WISCONSIN 

of the school, and has general control of the school, and 
the district property. 

4. Branches Taught in the Schools — The branches that 
must be taught are prescribed by law — reading, orthoepy, 
writing, spelling, grammar, arithmetic, geography. 
Constitution of the United States, Constitution of the 
State, and physiology and hygiene with reference to the 
eifects of stimulants and narcotics on the human system. 
Such other branches may be added as the school board 
may determine. 

5. Township System — Any town may adopt the town- 
ship system, that is, the system in which all the schools 
of the town are under one town board. A few towns 
are so organized for school purposes. There is a good 
deal of public sentiment in favor of making this per- 
missory law compulsory and the legislature of 1895 has 
taken steps to secure information as to the advisability 
of effecting that end. 

GRADED SCHOOLS AKD HIGH SCHOOLS 

6. Two Classes of Free High Schools — In the cities and 
villages there are systems of graded schools, and free 
high schools. The free high schools, however, are of 
two classes : first, those in country places, where there 
are no graded schools, and second, those in larger places 
where there are graded schools. 

7. State Allowance — The State makes an annual appro- 
priation of 125,000 for the support of each of these 
classes qf schools. 

8. How Controlled — The law passed to encourage the 
organization of free high schools in country places has 
proved an almost total failure. Those in connection 
with graded schools are very flourishing and in high 



EDUCATION 373 

popular favor. They are controlled, usually, by boards 
of education and city superintendents. 

9. High School Inspector — These schools are under the 
official inspection of a state officer, called the Inspector 
of Free High Schools. The inspector is appointed by 
the State superintendent and is really one of his assist- 
ants. 

10. Courses of Study — The courses of study must be 
approved by the State superintendent. In most of the 
schools the courses are four years long. 

11. Principals and Assistants — Principals of free high 
schools having four-j^ear courses, must hold the un- 
limited state certificate, or some equivalent qualification. 
Assistants must have their certificates approved by the 
State superintendent. 

12. Accredited Schools — The University of Wisconsin 
and the State Normal Schools have regulations, under 
which high school graduates may be permitted to enter 
these higher institutions without entrance examinations. 
No schools are accredited, until it has been show^n to 
the satisfaction of the university or normal school 
authorities, that they are doing thorough work. 

13. Privileges of Graduates— Free high school diplomas 
from four-year courses may be countersigned by the 
county superintendent after the holder has taught in 
the public schools, successfully, on a first grade County 
certificate for one year. This counter-signature makes 
the diploma a first-grade certificate. 

14. Other High Schools — There are a few high schools 
in the largest places, — Milwaukee, La Crosse, Superior, 
and a few others, — that do not participate in the State 
aid and are not under the supervision of the State 
inspector. 



374 WISCONSIN 

NORMAL SCHOOLS 

15. Special Function— The Normal Schools have 
already been mentioned. Their special function is to 
fit young men and women for the work of teaching in 
the public schools of the State. 

16. Two Courses : Elementary Course — They have two 
courses, — 1st an elementary course of two and a half 
years. Those who complete this course receive a 
certificate, qualifying them to teach in the public 
schools of the State for one year. After one year's 
successful teaching, the certificate may be countersigned 
by the state superintendent. This countersignature 
makes tlie certificate a State certificate for five years. 
The school at Milwaukee does not have this course. 

17. Advanced Course — 2d. An advanced course of two 
additional years. Those completing this course receive a 
diploma, qualifying them to teach in the public schools 
of the State for one year. After one year's successful 
teaching the diploma may be countersigned by the State 
superintendent with the effect of making it a State 
certificate for life. 

18. Prosperity of these Schools — These schools are all in 
very flourishing condition. The number of persons 
graduating is yearly increasing, and the services of the 
graduates are in great demand in the public-school 
service. 

19. Institute Conductors — At each of these schools there 
is one teacher known as the institute conductor, whose 
business it is to hold institutes, for the instruction of 
teachers, under the direction of the Board of Regents 
of Normal Schools. Besides these conductors, many 
other persons are annually employed in this service. 
The amount spent is about $8000 annually. 



EDUCATION 375 

UNIVERSITY OF WISCONSIN 

20. Growth : Location : Buildings : Equipments — The 
University of Wisconsin has been growing very rapidly. 
It is beautifully located on the banks of Lake Mendota, 
in the city of Madison. It has fine, commodious 
modern buildings well adapted to its purposes. It is 
unusually well supplied with libraries, gymnasiums, 
laboratories, and museums. 

21. Faculty — It has about a hundred professors, and 
instructors, and over fifteen hundred students. 

22. Organization — It is organized into : — 

a. The College of Letters and Science. 

b. The College of Mechanics and Engineering. 
C. The College of Agriculture. 

d. The College of Law. 

e. The School of Pharmacy. 

f. The School of Economics, Political Science and 
History. 

g. The Summer School. 
h. The School of Music. 

i. The University Extension Department. 

23. Original Research — Two departments are devoted 
almost exclusively to original research, the Washburn 
Observatory, and the Agricultural Station. A great 
amount of original work is done in other departments. 

24. Institute Lectures — One of the prof essors — the pro- 
fessor of pedagogy — is employed during the teachers' 
institute season, in lecturing at these gatherings. 

25. University Extension — Tlie University Extension 
Department brings many of the benefits of the University 
to the people of the State. 

26. Farmers' Institutes — Under the charge of the Uni- 



376 WISCONSIN 

versity, there is a very flourishing system of farmers' 
institutes. The work is under the direction of a super- 
intendent. He is aided by conductors specialists in the 
various branches of farming. 

INSTITUTIONS NOT UNDER STATE CONTROL 

27. Private Institutions — Besides the State institutions 
there are many others in the State, supported mostly by 
the various churches, Beloit College, Ripon College, 
Milton College, and Lawrence University, St. Clara's 
Academy, German-English Academy, Milwaukee Acad- 
emy and Downer College, Wayland Academy, North- 
western University and many other institutions that 
might be mentioned, are doing good work for the youth 
of the State, and well deserve the high reputation they 
enjoy. . 



INDEX 



TO WISCONSIN SUPPLEMENT 



[For general index to the book, see page 287.] 



PAGE 

Adjutant General 344 

Agricultural College Fund. . .370, 371 

Allodial Lands 323 

American System of Government 297 

Apportionment 331 

Assemblymen 332 

Assembly 332, 333 

Assessor 340 

Attorney General, County 334 

State 343 

Ballots 329 

Bills 333, 342 

Boards : 

County 333, 334, 335 

of arbitration 353 

of arbitration, (local) 354 

of control 350 

of dental examiners 351, 352 

of deposits 353 

of education, district 371, 372 

of equalization 340, 341 

of examiners for admission to 

the bar 352, 353 

of examiners for teacher's 

state certificates 352 

of health and vital statistics. . 347 

of health, local 347 

of immigration 354 

of pharmacy 351 

of regents of the normal 

schools 347 

of regents of the University of 

Wisconsin 346, 347 

of review 340 

of supervisors 340 

Boundaries 2^5, 325 

Capital crimes 323 

Census 330, 331 

Certiorari 360 

Charitable institutions 350 

Chief Justice 359 

Clerk, County 337, 339 

of the Court, County 337, 339 

town 340 

Commissioner, railroad 343 

insurance 344 



Commissioner of labor, census, 

and industrial statistics 344 

Commissioners of fisheries. . .348, 349 

of public lands 346 

Constables 341 

Constitution 299 

Coroner 337 

County Government 337 

County Judge 337, 339 

Court Commissioners, County 337, 339 
Courts : 

Circuit 362 

County 364 

Jurisdiction of , . . .357-359 

Justices' 365 

Municipal 364, 365 

Superior 363, 364 

Supreme, State 356, 359, 361 

Supreme, United States.. 356 

Dairy and Food Commissioners 

345» 346 

Debt 324 

District Attorney, County 337, 338 

District Schools 371, 372 

Education 371, 376 

Farming Lands 324 

Finance 365, 366, 367, 368, 369 

Fish and Game Warden 349 

Fisheries 348, 349 

Foreigners 296, 297 

privileges of 3...7, 328 

Gerrymandering 331 

Governor 341, 342 

officers appointed by 344 

powers of 342 

Graded Schools 372 

High Schools 372, 373 

inspector of 373 

Impeachment 354, 355, 356 

Injunction 360 

Institutes 374 

conductors of 374 



378 



INDEX 



PAGE 

Insurance Commissioner 344 

Judge, County 337, 339 

Judges (see courts) 

Jury : 

grand 323 

right of trial by 320 

Justice of the Peace 323, 341 

Land, allodial 323 

farming 324 

taxation of 325 

titles 325 

Legislature 330 

sources of power of 336 

Lieutenant Governor 341, 342 

Mandamus 360 

Militia 334, 335 

Milwaukee 335 

National Guard 334, 335 

Normal School Fund 369, 370 

Normal Schools , 374 

Pensions 344 

Population 295 

Preamble 319 

Prisons 350 

Proposition to change boundaries 325 

Quarantine 348 

Quartermaster General 344 

Quo Warranto 361 

Railroad Commissioners 343 

Register of Deeds 337 

Registration (of Voters) 328 

Resources 295 

School Board, district 371 

School for the Feeble-minded . . . 350 

School Fund 367 

Schools : 

district 371, 372 

for the feeble-minded 350 

graded 372 

high 372, 373 

normal 374 

School Superintendent, 3tate 

^ 343» 373 

County 337, 338, 373 

School System 371, 376 



PAGE 

Secretary of State 343 

Senate 332, 333 

Senators 332 

Sheriffs 337 

Slavery , 319 

State Authority 321 

powers 322 

superintendent 343, 373 

treasury agent 345 

Suffrage 326 

qualifications for.. 326, 327, 328, 329 
Superintendent of Fisheries ...... 349 

public property 344, 345 

schools. State 343 

County. 337, 338, 373 

Supervisor of Inspectors of Il- 
luminating Oils 345 

Surveyor, County 337, 338 

Taxation 365, 366, 368 

Teachers' Certificates 373, 374 

Town Government 339 

Meeting 339, 340 

Treasurer, County 337, 338 

State 343 

Town 340 

Troops : 

militia 334, 335 

regulars 335 

Trustees of State Library 346 

Trust Funds 367-371 

agricultural college fund 

. , , c . 370, 371 

normal school fund 369, 370 

school funds 367 

university fund 370 

University Fund 370 

of Wisconsin 375, 376 

Voting 329 

Wisconsin : 

boundaries 295, 325 

character of population 296 

history 295 

population 295 

resources 295 

Writs : 

Certiorari 361 

Injunction 360 

Mandamus 360 

Quo Warranto 361 




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